D   711 


DEC  27 
GIFT 


LIBRARY 


UNIVERSITY  OF  CALIFORNIA. 


GIFT    OF 


Class 


VIRGINIA 


SCHOOL    LAWS 


CODIFIED   FOR  THE 


USE  OF  SCHOOL  OFFICERS 


BY  ORDER  OF  THE 


STATE  BOARD  OF  EDUCATION 


To  be  Preserved  by  Each  Officer  and  Delivered  to  His  Successor 


RICHMOND  : 

CLYDE  W.  SAUNDERS,  PRINTER, 
1910. 


La 


First  "of"  in  line  4,  regulation  55,  should  read  or.. 

In  regulation  62  "effect"  should  read  affect 

Words  "and  contracted  with"  In  line  6,  regulation  65,  should  read 

and  terms  of  contract  with  prescribed 

The  second  line  of  regulation  68  is  out  of  place  and  follows  the 

first  line  of  sub-section  8  of  regulation  69  on  page  160 159 

In  regulation   92   "eighty-nine"   should   read   ninety-one 165 


CONTENTS 


Constitutional   Provisions 7 

PUBLIC  FREE  SCHOOL  LAW  : 

Of  Public  Free  Schools  in  counties,  and  of  the  Literary  Fund 15 

Of   Public    Free    Schools    in    cities    and    in    towns   constituting   separate 

school  districts 133 

Regulations  of  the  Board  of  Education 141 

Index  .                                                                                        177 


225457 


PREFACE 


While  this  edition  of  the  school  law  possesses  no  authority 
independent  of  the  sources  from  which  it  was  compiled,  its  pub- 
lication by  the  Board  of  Education  makes  the  work  authoritative 
as  a  guide  to  school  officers. 

The  act  of  Assembly  which  gave  the  school  system  organic 
life  was  approved  July  11,  1870.  The  history  of  subsequent  leg- 
islation affecting  the  schools  can  be  readily  traced  from  chapters 
LXVI  and  LXVII  of  the  Codes  of  Virginia  1887  and  1904,  which 
constitute  the  basis  of  the  "Public  Free  School  Law." 

The  text  of  the  Pollard's  Code  of  1904  has  been  followed, 
except  in  so  far  as  it  has  been  modified  by  legislation  since  its 
publication.  Acts  of  Assembly  passed  subsequent  to  that  date 
(1904)  are  incorporated  with  the  original  law. 

All  acts  of  a  local  character  are  omitted  and  only  such  acts 
pertaining  to  State  institutions  of  higher  learning  have  been  in- 
cluded as  are  of  interest  to  the  school  officials  at  large. 

The  compiler  has  endeavored  to  arrange  the  matter  for  the 
convenience  of  school  officers,  without  regard  to  the  order  in 
which  it  is  printed  in  the  Code.  Some  recent  regulations  have  been 
added  out  of  regular  order  on  page  168  and  those  that  follow. 

It  is  the  duty  of  every  school  officer  receiving  a  copy  of  the 
law  to  preserve  it  carefully,  and  to  transmit  it  to  his  successor  in 
office. 

J.  D.  EGGLESTON,  JK., 
Superintendent  of  Public  Instruction 

DEPARTMENT  OF  PUBLIC  INSTRUCTION, 
RICHMOND,  VIRGINIA, 

November  15.  1910. 


Constitutional  Provisions 


1.  Oath  to  be  prescribed. — Members  of  the  General  Assembly 
and  all  officers,  executive  and  judicial,  elected  or  appointed  after 
this  Constitution  goes  into  effect,  shall,  before  they  enter  on  the 
performance  of  their  public   duties,   severally  take  and  subscribe 
the  following  oath  or  affirmation: 

"I  do  solemnly  swear  (or  affirm)  that  I  will  support  the  Con- 
stitution of  the  United  States,  and  the  Constitution  of  the  State 
of  Virginia  ordained  by  the  Convention  which  assembled  in  the 
city  of  Richmond  on  the  twelfth  day  of  June,  nineteen  hundred 
and  one,  and  that  I  will  faithfully  and  impartially  discharge  and 
perform  all  the  duties  incumbent  on  me  as ,  accord- 
ing to  the  best  of  my  ability;  so  help  me  God."  (Sec.  34) 

2.  Bonds  of  officers  handling  State  funds. — All  State  officers, 
and  their  deputies,  assistants  or  employees,  charged  with  the  col- 
lection,  custody,  handling  or  disbursement  of  public  funds,  shall 
be   required   to   give   bond   for   the  faithful   performance   of  such 
duties ;  the  amount  of  such  bond  in  each  case,  and  the  manner  in 
which  security  shall  be  furnished,  to  be  specified  and  regulated  by 
law.     (Sec.  85) 

3.  Magisterial  districts,  supervisors,  etc. — The  magisterial  dis- 
tricts shall,  until  changed  by  law,  remain  as  now  constituted:  pro- 
vided, that  hereafter  no  additional  districts  shall  be  made  contain- 
ing less  than  thirty  square  miles.     In  each  district  there  shall  be 
elected  by  the  qualified  voters  thereof,  one  supervisor.     The  super- 
visors of  the  district  shall  constitute  the  board  of  supervisors  of 
the  county,  which  shall  meet  at  stated  periods  and  at  other  times 
as  often  as  may  be  necessary,  lay  the  county  and  district  levies, 
pass  upon  all   claims  against  the  county,   subject  to  such  appeal 
as  may  be  provided  by  law,  and  perform  such  duties  as  may  be 
required  by  law.     (Sec.  Ill) 

4.  Concerning  the  bonded  indebtedness  of  cities  and  towns,— 
No  city  or  town  shall  issue   any  bonds  or  other  interest-bearing 
obligations  for  any  purpose,  or  in  any  manner,  to  an  amount  which, 
including  existing  indebtedness,  shall    at   any  time    exceed  eigh- 
teen per  centum  of  the   assessed  valuation  of  the  real   estate  in 


8 

the  city  or  town  subject  to  taxation,  as  shown  by  the  last  pre- 
ceding assessment  for  taxes:  provided,  however,  that  nothing 
above  contained  in  this  section  shall  apply  to  those  cities  and 
towns  whose  charters  existing  at  the  adoption  of  this  Constitution 
authorize  a  larger  percentage  of  indebtedness  than  is  authorized 
by  this  section;  and  provided  further,  that  in  determining  the 
limitation  of  the  power  of  a  city  or  town  to  incur  indebtedness 
there  shall  not  be  included  the  following  classes  of  indebtedness: 

(a)  Certificates  of  indebtedness,  revenue  bonds  or  other  obli- 
gations issued  in  anticipation  of  the  collection  of  the  revenue  of 
such  city  or  town  for  the  then  current  year:  provided,  that  such 
certificates,    bonds    or   other   obligations   mature   within    one   year 
from  the  date  of  their  issue,  and  be  not  past  due,  and  do  not  ex- 
ceed the  revenue  for  such  year. 

(b)  Bonds  authorized  by  an  ordinance  enacted  in  accordance 
with  section  one  hundred  and  twenty-three,  and  approved  by  the 
affirmative  vote  of  the  majority  of  the  qualified  voters  of  the  city 
or  town  voting  upon  the  question  of  their  issuance,  at  the  general 
election  next  succeeding  the  enactment  of  the  ordinance,  or  at  a 
special  election  held  for  that  purpose,  for  a  supply  of  water  or 
other  specific  undertaking  from  which  the  city  or  town  may  de- 
rive a  revenue;  but  from  and  after  a  period  to  be  determined  by 
the  council,  not  exceeding  five  years  from  the  date  of  such  elec- 
tion, whenever  and  for  so  long  as  such  undertaking  fails  to  pro- 
duce sufficient  revenue  to  pay  for  cost  of  operation  and  adminis- 
tration (including  interest  on  bonds  issued  therefor,  and  the  co 
of  insurance-  against  loss  by  injury  to  persons  or  property),  and 
an  annual  amount  to  be  covered  into  a  sinking  fund  sufficient  to 
pay,  at  or  before  maturity,  all  bonds  issued  on  account  of  said  un- 
dertaking, all  such  bonds  outstanding  shall  be  included  in  determ- 
ining the  limitation  of  the  power  to  incur  indebtedness,  unless  the 
principal  and  interest  thereof  be  made  payable  exclusively  from 
the  receipts  of  the  undertaking.     (Sec.  127) 

EDUCATION    AND    PUBLIC    INSTRUCTION 

5.  Free   schools    to    be    maintained. — The   General   Assembly 
shall    establish   and   maintain    an   efficient   system    of   public   free 
schools  throughout  the  State.     (Sec.  129) 

6.  State  board  of  education,  composition;  vacancies,  how  filled. 
The   general  supervision  of  the  school  system  shall  be  vested  in 


a  State  Board  of  Education,  composed  of  the  Governor,  Attorney- 
General,  Superintendent  of  Public  Instruction,  and  three  experi- 
enced educators,  to  be  elected  quadrennially  by  the  Senate,  from  a 
list  of  eligibles,  consisting  of  one  from  each  of  the  faculties,  and 
nominated  by  the  respective  boards  of  visitors  or  trustees  of  the 
University  of  Virginia,  the  Virginia  Military  Institute,  the  Vir- 
ginia Polytechnic  Institute,  the  State  Female  Normal  School  at 
Farmville,  the  School  for  the  Deaf  and  Blind,  and  also  of  the 
College  of  William  and  Mary  so  long  as  the  State  continues  its 
annual  appropriation  to  the  last  named  institution. 

The  board  thus  constituted  shall  select  and  associate  with 
itself  two  division  superintendents  of  schools,  one  from  a  county 
and  the  other  from  a  city,  who  shall  hold  office  for  two  years, 
and  whose  powers  and  duties  shall  be  identical  with  those  of  other 
members,  except  that  they  shall  not  participate  in  the  appointment 
of  any  public  school  official. 

Any  vacancy  occurring  during  the  term  of  any  member  of  the 
board  shall  be  filled  for  the  unexpired  term  by  said  board.  (Sec. 
130) 

7.  Superintendent  of  Public  Instruction,  how  elected,  term  of 
office;  how  vacancy  filled;  duties. — The  Superintendent  of  Public 
Instruction,  who  shall  be  an  experienced  educator,  shall  be  elected 
by  the  qualified  voters  of  the  State  at  the  same  time  and  for  the 
same  term  as  the  Governor.     Any  vacancy  in  said  office  shall  be 
filled  for  the  unexpired  term  by  the  said  board. 

His  duties  shall  be  prescribed  by  the  State  Board  of  Educa- 
tion, of  which  he  shall  be  ex-officio  president;  and  his  compensa- 
tion shall  be  fixed  by  law.     (Sec.  131) 

8.  Powers  and  duties  of  State  Board  of  Education.— The  duties 
and  powers  of  the  State  Board  of  Education  shall  be  as  follows : 

First.  It  may,  in  its  discretion,  divide  the  State  into  appro- 
priate school  divisions,  comprising  not  less  than  one  county  or 
city  each,  but  no  county  or  city  shall  be  divided  in  the  formation 
of  such  divisions.  It  shall,  subject  to  the  confirmation  of  the  Senate,, 
appoint,  for  each  of  such  divisions,  one  superintendent  of  schools, 
who  shall  hold  office  for  four  years,  and  shall  prescribe  his  duties, 
and  may  remove  him  for  cause  and  upon  notice. 

Second.  It  shall  have,  regulated  by  law,  the  management  andL 
investment  of  the  school  fund. 

Third.  It  shall  have  authority  to  make  all  needful  rules  and 
regulations  for  the  management  and  conduct  of  the  schools,  which, 


10 

when  published  and  distributed,  shall  have  the  force  and  effect 
of  law,  subject  to  the  authority  of  the  General  Assembly  to  re- 
vise, amend,  or  repeal  the  same. 

Fourth.  It  shall  select  text  books  and  educational  appliances 
for  use  in  the  schools  of  the  State,  exercising  such  discretion  as 
it  may  see  fit  in  the  selection  of  books  suitable  for  the  schools  in 
the  cities  and  counties,  respectively. 

Fifth.  It  shall  appoint  a  board  of  directors,  consisting  of  five 
members,  to  serve  without  compensation,  which  shall  have  the 
management  of  the  State  Library,  and  the  appointment  of  a  libra- 
rian and  other  employees  thereof,  subject  to  such  rules  and  regu- 
lations as  the  General  Assembly  shall  prescribe;  but  the  Supreme 
Court  of  Appeals  shall  have  the  management  of  the  law  library  and 
the  appointment  of  the  librarian  and  other  employees  thereof. 
(Sec.  132) 

9.  School  districts;  school  trustees. — Each  magisterial  district 
shall   constitute   a   separate   school   district,   unless   otherwise   pro- 
vided by  law.     In  each  school  district  there  shall  be  three  trustees 
selected,  in  the  manner  and  for  the  term  of  office  prescribed  by 
law.     (Sec.  133) 

10.  The  literary  fund. — The  General  Assembly  shall  set  apart 
;as  a  permanent  and  perpetual  literary  fund    the  present  literary 
fund  of  the  State;  the  proceeds  of  all  public  lands  donated  by 
Congress  for  public  free  school  purposes;  of  all  escheated  property; 
of  all  waste  and  unappropriated  lands;  of  all  property  accruing 
to  the  State  by  forfeiture,  and  all  fines  collected  for  offences  com- 
mitted against  the  State,  and  such  other  sums  as  the  General  As- 
sembly may  appropriate.     (Sec.  134) 

11.  Appropriations  for  school  purposes;  school  age. — The  Gen- 
eral   Assembly   shall   apply   the    annual    interest    on   the   literary 
fund;  that  portion  of  the  capitation  tax  provided  for  in  the  Con- 
stitution to  be  paid  into  the  State  treasury,   and  not  returnable 
to  the  counties  and  cities;  and  an  annual  tax  on  property  of  not 
less  than  one  nor  more  than  five  mills  on  the  dollar  to  the  schools 
of  the  primary  and  grammar  grades,  for  the  equal  benefit  of  all 
of  the  people  of  the  State,  to  be  apportioned  on  a  basis  of  school 
population;  the  number  of  children  between  the  ages  of  seven  and 
twenty  years  in  each  school  district  to  be  the  basis  of  such  appor- 
tionment; but  if  at  any  time  the  several  kinds  or  classes  of  prop- 
erty shall  be  segregated  for  the  purposes  of  taxation,  so  as  to  specify 
-and  determine  upon  what  subjects  State  taxes  and  upon  what  sub- 


11 

jects  local  taxes  may  be  levied,  then  the  General  Assembly  may 
otherwise  provide  for  a  fixed  appropriation  of  State  revenue  to 
the  support  of  the  schools  not  less  than  that  provided  in  this  sec- 
tion. (Sec.  135) 

12.  Local  school  taxes. — Each  county,  city,  town  (if  the  same 
be  a  separate  school  district),  and  school  district  is  authorized  to 
raise  additional  sums  by  a  tax  on  property,  not  to  exceed  in  the 
aggregate  five  mills  on  the  dollar  in  any  one  year,  to  be  appor- 
tioned and  expended  by  the  local  school  authorities  of  said  coun- 
ties,   cities,   towns   and   districts   in    establishing   and   maintaining 
such  schools  as  in  their  judgment  the  public  welfare  may  require: 
provided,  that  such  primary  schools  as  may  be  established  in  any 
school  year   shall  be  maintained  at  least  four  months  of  that  school 
year    before  any  part  of  the  fund  assessed  and  collected  may  be 
devoted   to    the   establishment    of   schools    of  higher   grade.      The 
boards  of  supervisors  of  the  several  counties,  and  the  councils  of 
the  several  cities    and  towns,  if  the  same  be  separate  school  dis- 
tricts, shall  provide  for  the  levy  and  collection  of  such  local  school 
taxes.      (Sec.   136) 

13.  Agricultural,    normal,    manual     training,     and     technical 
schools. — The   General   Assembly  may   establish   agricultural,  nor- 
mal, manual  training   and  technical   schools,   and  such   grades   of 
schools  as  shall  be  for  the  public  good.     (Sec.  137) 

14.  Compulsory   education;    exceptions. — The    General   Assem- 
bly may,  in  its  discretion,  provide  for  the  compulsory  education  of 
children  between  the  ages  of  eight  and  twelve  years,  except  such 
as  are  weak  m  body  or  mind,  or  can  read  and  write,  or  are  attend- 
ing private  schools,  or  are  excused  for  cause  by  the  district  school 
trustees.     (Sec.  138) 

15.  Free  text-books. — Provision  shall  be  made  to  supply  chil- 
dren attending  the  public  schools  with  the  necessary  text-books  in 
cases  where  the  parent  or  guardian  is  unable,  by  reason  of  poverty, 
to  furnish  them.     (Sec.  139) 

16.  Mixed  schools  prohibited. — White  and  colored  children  shall 
not  be  taught  in  the  same  school.     (Sec.  140) 

17.  State  appropriations  prohibited  to  schools  or  institutions 
of  learning  not  owned  or  exclusively  controlled  by  State  or  some 
subdivision  thereof;  exceptions  to  rule.— No  appropriation  of  pub- 
lic funds  shall  be  made  to  any  school  or  institution  of  learning 
not  owned  or  exclusively  controlled  by  the  State  or  some  political 
subdivision  thereof:  provided,  first,  that  the  General  Assembly  may, 


in  its  discretion,  continue  the  appropriations  to  the  College  of  WiJ- 
liam  and  Mary;  second,  that  this  section  shall  not  be  construed  as 
requiring  or  prohibiting  the  continuance  or  discontinuance  by  the 
General  Assembly  of  the  payment  of  interest  on  certain  bonds  held 
by  certain  schools  and  colleges  as  provided  by  an  act  of  the  Gen- 
eral Assembly  approved  February  twenty-third,  eighteen  hundred 
and  ninety-two,  relating  to  bonds  held  by  schools  and  colleges; 
third,  that  counties,  cities,  towns,  and  districts  may  make  appro- 
priations to  non-sectarian  schools  of  manual,  industrial,  or  techni- 
cal training,  and  also  to  any  school  or  institution  of  learning  owned 
or  exclusively  controlled  by  such  county,  city,  town,  or  school 
district.  (Sec.  141) 

18.  Boards  of  visitors  and  trustees  of  educational  institutions; 
how  appointed,   and  term  of  office. — Members   of  the  boards   of 
visitors  or  trustees  of  educational  institutions  shall  be  appointed 
as  may  be  provided  by  law,  and  shall  hold  for  the  term  of  four 
years:  provided,  that  at  the  first  appointment,  if  the  board  be  of 
an  even  number,  one-half  of  them,  or,  if  of  an  odd  number,  the 
least  majority  of  them,  shall  be  appointed  for  two  y^ears.      (Sec. 
142) 

TAXATION    AND    FINANCE 

19.  Taxable  property;  taxes  shall  be  uniform  as  to  class  of 
subjects  and  levied  and  collected  under  general  laws. — All  prop- 
erty, except  as  hereinafter  provided,  shall  be    taxed;    all    taxes, 
whether  State,  local,  or  municipal,  shall  be  uniform  upon  the  same 
class  of  subjects  within  the  territorial  limits  of  the  authority  levy- 
ing the  tax,  and  shall  be  levied  and  collected  under  general  laws. 
(Sec.  168) 

20.  Reassessments  of  real  estate. — The  General  Assembly  shall 
provide  for  a  reassessment  of  real  estate   in  the  year  nineteen  hun- 
dred and  five    and  every  fifth  year  thereafter,  except  that  of  rail- 
way and  canal  corporations,  which,  after  January  the  first,  nine- 
teen hundred  and  thirteen,  may  be  assessed  as  the  General  Assem- 
bly may  provide.     (Sec.  171) 

21.  State,  county  and  municipal  capitation  taxes. — The  General 
Assembly  shall  levy  a  State  capitation  tax  of,  and  not  exceeding, 
one  dollar  and  fifty  cents  per  annum  on  every  male  resident  of 
the  State  not  less  than  twenty-one  years  of  age,  except  those  pen- 
sioned   by  this   State  for  military   services;   one   dollar   of   which 


13 

shall  be  applied  exclusively  in  aid  of  the  public  free  schools,  in 
proportion  to  the  school  population,  and  the  residue  shall  be  re- 
turned and  paid  by  the  State  into  the  treasury  of  the  county  or 
city  in  which  it  was  collected,  to  be  appropriated  by  the  proper 
county  or  city  authorities  to  such  county  or  city  purposes  as  they 
shall  respectively  determine;  but  said  State  capitation  tax  shall 
not  be  a  lien  upon,  nor  collected  by  legal  process  from,  the  per- 
sonal property  which  may  be  exempt  from  levy  or  distress  under 
the  poor  debtor's  law.  The  General  Assembly  may  authorize  the 
board  of  supervisors  of  any  county,  or  the  council  of  any  city  or 
town,  to  levy  an  additional  capitation  tax  not  exceeding  one  dollar 
per  annum  on  every  such  resident  within  its  limits,  which  shall  be 
applied  in  aid  of  the  public  schools  of  such  county,  city  or  town, 
or  for  such  other  county,  city  or  town  purposes  as  they  shall  de- 
termine. (Sec.  173) 

22.  Property  exempt  from  taxation. — Except  as  otherwise  pro- 
vided in  this  Constitution,  the  following  property,  and  no  other, 
shall  be  exempt  from  taxation,  State  and  local;  but  the  General 
Assembly  may  hereafter  tax  any  of  the  property  hereby  exempted 
save  that  mentioned  in  sub-section  (a)  : 

(a)  Property  directly  or  indirectly  owned  by  the  State,  how- 
ever held,  and  property  lawfully  owned  and  held  by  counties, 
cities,  towns,  or  school  districts,  used  wholly  and  exclusively  for 
county,  city,  town,  or  public  school  purposes,  and  obligations  is- 
sued by  the  State  since  the  fourteenth  day  of  February,  eighteen 
hundred  and  eighty-two,  or  hereafter  exempted  by  law. 


(d)  Buildings,  with  the  land  they  actually  occupy,  and  the 
furniture,  furnishings,  books  and  instruments  therein,  wholly  de- 
voted to  educational  purposes,  belonging  to  and  actually  and  ex- 
clusively occupied  and  used  by  churches,  public  libraries,  incorpo- 
rated colleges,  academies,  industrial  schools,  seminaries,  or  other 
incorporated  institutions  of  learning,  including  the  Virginia  His- 
torical Society,  which  are  not  corporations  having  shares  of  stock 
or  otherwise  owned  by  individuals  or  other  corporations;  together 
with  such  additional  adjacent  land  owned  by  such  churches,  libra- 
ries and  educational  institutions  as  may  be  reasonably  necessary 
for  the  convenient  .use  of  such  buildings,  respectively;  and  also 
the  buildings  thereon  used  as  residences  by  the  officers  or  instruc- 
tors of  such  educational  institutions;  and  also  the  permanent  en- 


14 

dowment  funds  held  by  such  libraries  and  educational  institutions 
directly  or  in  trust,  and  not  invested  in  real  estate:  provided,  that 
such  libraries  and  educational  institutions  are  not  conducted  for 
profit  of  any  person  or  persons,  natural  or  corporate,  directly,  or 
under  any  guise  or  pretence  whatsoever.  But  the  exemption  men- 
tioned in  this  subsection  shall  not  apply  to  any  industrial  school, 
individual  or  corporate,  not  the  property  of  the  State,  which 
does  work  for  compensation,  or  manufactures  and  sells  articles 
in  the  community  in  which  such  school  is  located:  provided,  that 
nothing  herein  contained  shall  restrict  any  such  school  from  doing 
work  for  or  selling  its  own  products  or  any  other  articles  to  any 
of  its  students  or  employees. 

*      *      *          (Parts  of  Sec.  183) 


Public  Free  School  Law 

[Code   of   Virginia,   1887,   with   subsequent   amendments    also- 
Pollard's  Code,   1904.1 


OF  PUBLIC  FREE  SCHOOLS  FOR  COUNTIES,  AND  OF  THE 

LITERARY   FUND 


UNIFORM   SYSTEM   OF   PUBLIC  FREE  SCHOOLS 

1.  Efficient  system  of  public  free  schools.— An  efficient  system 
of  public  free  schools  shall  be  established  and  maintained  in  all 
the  counties  and  towns  of  the  State.     (Code,  Sec.  1427) 

2.  Authorities    for    administering    system.— The    public    free 
school  system  shall  be  administered  by  the  following  authorities, 
to-wit:  A  State  Board  of  Education,  a  Superintendent  of  Public 
Instruction,   division  superintendents  of  schools,   and  district  and 
county  school  boards.     (Code,  Sec.  1428) 

3.  State  Board  of  Education.— The  State  Board  of  Education 
shall  be  a  corporation  by  that  name,  and  shall  consist  of  the  Gov- 
ernor, the  Attorney-General,  the  Superintendent  of  Public  Instruc- 
tion, and  three  experienced  educators,  to  be  elected  quadrennially 
by  the  Senate,  from  a  list  of  eligibles,  consisting  of  one  from  each 
of  the  faculties,  and  nominated  by  the  respective  boards  of  visitors 
or  trustees  of  the  University  of  Virginia,  the  Virginia  Military  In- 
stitute, the  Virginia  Polytechnic  Institute,  the  State  Female  Nor- 
mal School  at  Farmville,  the  School  for  the  Deaf  and  the  Blind, 
and  also  of  the  College  of  William  and  Mary  (so  long  as  the  State 
shall  continue  its  annual  appropriation  to  the  last  named  institu- 
tion), together  with  two  division  superintendents  of  schools,  one 
from  a  county  and  one  from  a  city,  to  be  selected  by  the  board 
composed  of  the  Governor,  the  Attorney-General,  the  Superinten- 
dent of  Public  Instruction,  and  three  experienced  educators  elected 
by  the  Senate    as  herein  provided,  said  division  superintendents  to 
have  powers  and  duties  identical  with  those  of  the  other  members, 
except  participation  in  the  appointment  of  any  public  school  offi- 
cial. 


16 

Terms  of  Members. — The  terms  of  the  three  members  elected 
by  the  Senate  shall  be  four  years,  provided  they  continue  so 
long  on  the  list  of  eligibles.  The  terms  of  those  first  elected  shall 
date  from  March  one,  one  thousand  nine  hundred  and  three.  The 
Senate  shall  elect  their  successors  at  the  session  of  the  General 
Assembly  which  begins  next  before  the  expiration  of  the  term  of 
the  members  of  the  board  so  elected  by  the  Senate,  and  so  on  from 
term  to  term  of  the  members  so  to  be  elected. 

The  terms  of  the  two  division  superintendents  first  selected 
after  the  passage  of  this  act  shall  be  two  years  from  the  first  day 
of  April,  nineteen  hundred  and  seven,  provided  they  hold  the  office 
of  division  superintendent  so  long;  and,  within  thirty  days  before 
the  expiration  of  their  term  every  two  years  thereafter,  the  ap- 
pointing board  herein  provided  shall  select  their  successors,  whose 
term  shall  be  two  years  from  the  first  day  of  April  following  their 
appointment.  The  terms  of  those  now  in  office  shall  continue  un- 
til the  first  day  of  April,  nineteen  hundred  and  seven. 

Qualification. — Before  entering  upon  their  duties,  all  the  mem- 
bers of  the  board,  except  the  Governor,  the  Attorney-General,  and 
the  Superintendent  of  Public  Instruction,  shall  take  and  subscribe 
the  oaths  prescribed  by  the  Constitution  before  any  officer  author- 
ized to  administer  oaths,  and  said  officer  shall  certify  the  same; 
a  minute  of  their  qualification  shall  be  entered  in  the  proceedings 
of  the  board,  and  the  oaths  shall  be  returned  as  required  by  law 
as  to  the  oaths  of  other  State  officers. 

Vacancies  in  the  Board. — Any  vacancy  occurring  during  the 
term  of  any  member  of  the  board,  except  that  of  the  Governor  and 
the  Attorney-General,  shall  be  filled  for  the  unexpired  term  by 
the  board. 

President  of  the  Board. — The  Superintendent  of  Public  In- 
struction shall  be  ex-officio  president  of  the  board,  and  in  his  ab- 
sence the  members  present  shall  elect  a  president  pro  tempore. 

Quorum. — A  majority  of  the  members  shall  constitute  a  quorum 
for  the  transaction  of  business.  (Code,  Sec.  1429) 

4.  Meetings.— Meetings  of  the  board  shall  be  held  upon  the  call 
of  the  president,  or  upon  request  of  a  majority  of  its  members: 
provided,  that  the  president  shall  give  due  notice  to  all  the  mem- 
bers of  the  time  of  holding  the  meetings.     The  place  of  meeting 
shall  ordinarily  be  the  office  of  the  Superintendent  of  Public  In- 
struction.    (Code,  Sec.  1430) 

5.  Record. — A  faithful  record  shall  be  kept  of  the  proceedings 


17 

of  the  board,  which  shall  be  signed  by  the  president,  or,  in  his  ab- 
sence, by  the  president  pro  tempore,  and  shall  at  all  times  be  open 
to  inspection.  (Code,  Sec.  1431) 

6.  Recovery  of  money  due  literary  fund.— Any  money  which 
ought  to  be  paid  into  the  public  treasury  to  the  credit  of  the  liter- 
ary fund  shall    (unless    other    provisions    be    made    therefor)    be 
recoverable,  with  interest,  by  the  State  Board  of  Education,  by 
motion  after  fifteen  days'  notice,  or  by  action  in  the  Circuit  Court 
of  the  City  of  Richmond.     The  Second  Auditor  shall  institute  and 
prosecute  the  proceedings  after  an  order  for  such  motion  or  ac- 
tion shall  have  been  made  by  the  board. 

The  said  board  may  appoint  agents  for  the  collection  of  Its 
debts  or  claims,  and  authorize  them  to  secure  payment  thereof  on 
such  terms  as  it  may  approve. 

When  estate  of  any  person  taken  under  execution,  or  for 
sale  under  any  decree  or  deed  of  trust,  for  any  such  debt  or  claim, 
or  for  any  fine,  will  not  sell  for  the  amount  thereof,  such  agent 
may  (under  the  direction  of  the  board  as  to  the  price)  purchase 
such  estate  for  the  board.  He  shall  immediately  report  to  it  every 
such  purchase  and  the  terms  thereof. 

The  board  may  sell,  or  appoint  an  agent  to  sell,  any  estate  so 
purchased,  who  shall  sell  at  such  time  and  on  such  terms  as  the 
board  may  authorize.  It  shall  take  bond  from  such  agent  if  any 
money  is  to  come  into  his  hands.  Any  agent  selling  land  under 
this  section  shall,  when  directed  so  to  do  by  the  board,  execute  a 
deed  (with  the-  resolution  giving  such  direction  thereto  annexed) 
conveying  to  the  purchaser  all  the  interest  which  the  board  may 
have  in  such  land. 

For  the  service  of  any  agent  under  this  section,  the  board 
may  allow  compensation,  not  exceeding  in  any  case  five  per  cen- 
tum on  the  money  actually  paid  into  the  treasury.  (Code,  Sec. 
1432) 

7.  Duties  of  the  State  Board  of  Education, — The  powers  and 
duties  of  the  board  shall  be  as  follows: 

First.  To  divide  the  State  into  appropriate  school  divisions,  in 
the  discretion  of  said  board,  comprising  not  less  than  one  county 
or  city  each,  but  no  county  or  city  shall  be  divided  in  the  formation 
of  such  divisions,  and  in  the  establishment  of  such  school  divisions 
the  said  State  Board  of  Education  shall  so  make  up  the  same  as 
to  insure  to  each  division  superintendent  a  salary  of  not  less  than 
nine  hundred  dollars  per  annum:  provided,  that  in  any  case  where 


18 

the  aggregate  population  of  two  adjacent  counties,  or  of  a  city  and 
the  county  in  which  it  is  located,  is  now  less  than  fourteen  thou- 
sand people  and  where,  in  the  judgment  and  discretion  of  the  State 
Board  of  Education,  it  is  not  practicable  to  attach  such  counties 
or  city  to  some  adjoining  county  or  city  so  as  to  make  up  a  division 
that  will  provide  a  salary  of  not  less  than  nine  hundred  dollars 
per  annum  for  the  division  superintendent  thereof,  then  in  such 
case  the  State  Board  of  Education  may,  in  its  discretion,  put  said 
counties,  or  county  and  city,  into  a  division,  the  superintendent  of 
which  shall  not  receive  less  than  seven  hundred  dollars  per  annum. 

It  shall,  subject  to  the  confirmation  of  the  Senate,  appoint  for 
each  of  such  divisions  one  superintendent  of  schools,  who  shall  hold 
office  for  four  years,  and  who,  during  his  said  incumbency  of  this 
office,  shall  be  required  to  devote  himself  exclusively  to  the  dis- 
charge of  its  duties:  provided,  that  the  State  Board  of  Education 
may  in  its  discretion  make  an  exception  to  this  rule  of  exclusive 
employment  when  in  the  judgment  of  said  board  such  exceptions 
will  enure  to  the  benefit  of  the  public  school  system  in  the  division 
of  such  superintendent  thus  excepted. 

And  provided  further,  that  in  the  case  of  any  border  county 
touching  another  State  than  Virginia,  and  having  a  population  of 
less  than  fourteen  thousand  people,  where  the  State  Board  of  Edu- 
cation, in  its  discretion,  may  think  that  making  an  exception  of 
such  county  from  the  requirements  of  this  act  will  enure  to  the 
best  interests  of  the  public  school  system  therein,  the  said  State 
Board  of  Education  may  waive  the  requirements  of  this  act  as  to 
the  salary  of  the  division  superintendent  of  schools  for  said  county. 

And  provided  further,  that  when,  on  account  of  geographical 
or  other  conditions,  the  grouping  of  two  or  more  counties,  or  the 
grouping  of  a  county  or  counties  and  a  city,  will  not  be  to  the 
benefit  of  said  divisions,  the  State  Board  of  Education  may,  in 
its  discretion,  modify  the  rule  as  to  said  grouping  and  as  to  the 
minimum  salary  herein  provided  for. 

The  board  shall  also  prescribe  the  duties  of  such  division 
superintendent,  and  may  remove  him  for  cause  and  upon  notice. 
When  a  vacancy  occurs  during  the  recess  of  the  General  Assembly 
it  shall  be  filled  by  appointment  of  the  board  for  the  unexpired 
term,  and  the  appointee  shall  continue  in  office  until  the  expiration 
of  thirty  days  after  the  first  meeting  of  the  General  Assembly; 
but  it  shall  not  be  lawful  when  the  General  Assembly  is  not  in 
session  for  the  said  board  to  appoint  as  division  superintendent 


19 

any    person   whose   nomination   has   been   previously   rejected   by 
the  Senate. 

Second.  To  prescribe  the  duties  of  the  Superintendent  of  Pub- 
lic Instruction. 

Third.  To  approve  the  appointment  of  a  first  and  second  clerk, 
and  such  other  employees  as  may  be  necessary  for  the  office  of  the 
Superintendent  of  Public  Instruction,  upon  the  nomination  of  that 
officer,  and  to  fix  their  salaries.  The  first  clerk,  who  is  hereby  re-- 
quired to  serve  also  as  secretary  of  the  State  Board  of  Education,, 
may  be  allowed  for  these  extra  services  such  reasonable  compen- 
sation as  the  board  may  deem  just  and  proper. 

Fourth.  To  adopt  by-laws  for  its  own  government  and  to  make 
all  needful  rules  and  regulations  for  the  management  and  conduct 
of  the  schools.  Such  rules  and  regulations,  when  published  and 
distributed,  shall  have  the  force  and  effect  of  law  until  revised, 
amended,  or  repealed  by  the  General  Assembly. 

Fifth.  To  provide  for  the  examination  of  teachers  by  a  State 
Board  of  Examiners,  and  the  inspection  of  schools  by  inspector!? 
to  be  chosen  by  the  State  Board  of  Education,  or  by  the  adoption 
of  such  other  plans  as  the  board  may,  in  its  discretion,  deem  wise 
and  expedient.  The  duties,  compensation,  and  expenses  of  such 
examiners  and  inspectors  shall  be  fixed  by  the  State  Board  of 
Education,  and  paid  as  other  expenses  of  said  board  are  paid. 

Sixth.  To  select  text-books  and  educational  appliances  for  use 
in  the  public  schools  of  the  State  of  Virginia,  exercising  such  dis- 
cretion as  it  may  see  fit  in  the  selection  of  books  suitable  for  the 
schools  in  the  cities  and  counties,  respectively,  subject  to  the  con- 
ditions and  restrictions  hereinafter  set  forth;  but  no  text-books- 
which  may  hereafter  be  adopted  for  use  in  any  public  free  school 
in  the  State  of  Virginia  shall  be  changed  or  substituted  until  the 
same  shall  have  been  used  for  a  period  of  not  less  than  four  years, 

The  said  State  Board  of  Education  shall  be  empowered,  and 
it  is  hereby  made  their  duty,  to  enter  into  contract  for  a  term  of 
years  not  to  exceed  seven,  with  the  publisher  or  publishers  of  school 
books  adopted  for  the  use  of  the  pupils  of  the  public  schools  of 
Virginia,  upon  the  terms  and .  conditions  herein  set  forth,  that  the 
price  to  be  paid  for  said  books  by  the  pupils  of  the  public  schools  of 
Virginia  shall  not  exceed  the  lowest  retail  price  at  which  such  books 
are  "sold  to  the  pupils  or  patrons  of  the  public  schools  of  any  other 
State,  county,  township,  or  school  district,  or  to  any  individual  in 
the  United  States  where  similar  conditions  prevail :  provided,  that 


20 

if  after  four  years  of  use  any  text-book  or  school  appliance  should 
prove  unsatisfactory,  it  may,  by  vote  of  six  members  of  the  State 
Board  of  Education,  be  changed.  The  publisher  or  publishers  to 
make  a  sworn  affidavit  of  this  fact,  which  said  sworn  statement 
shall  be  put  on  file  in  the  office  of  the  Superintendent  of  Public 
Instruction,  Richmond,  Virginia:  and  provided  further,  that  said 
publisher  or  publishers  of  said  school  books  shall  make  a  written 
guarantee  to  said  State  Board  of  Education  that  any  further  re- 
duction in  the  price  of  said  books  during  the  life  of  said  contract, 
made  anywhere  to  any  one,  shall  also  be  made  to  said  State  Board 
of  Education,  and  if  the  publisher  or  publishers  of  any  school  books 
adopted  for  the  use  of  the  pupils  of  the  public  schools  of  Virginia 
fails  to  make  the  retail  prices  of  said  school  books  as  low  to  the 
pupils  of  the  public  schools  of  Virginia  as  the  same  books  are  sup- 
plied to  the  pupils  of  the  public  schools  of  any  other  State,  cor- 
poration or  person,  at  any  time  during  the  continuance  of  this  con- 
tract, then  it  shall  be  the  duty  of  the  State  Board  of  Education 
of  Virginia  to  declare  the  contract  with  such  publisher  or  publish- 
ers to  be  null  and  void. 

Before  any  publisher  or  publishers  of  school  books  adopted  by 
the  State  Board  of  Education  shall  be  permitted  to  enter  into  any 
contract  with  the  State  Board  of  Education,  under  the  provisions 
of  this  act,  he  or  they  shall  file  with  the  State  Superintendent  of 
Public  Instruction,  to  be  approved  by  the  said  State  Board  of  Edu- 
cation, a  good  and  sufficient  bond  for  the  faithful  performance  of 
the  conditions  of  such  contract  and  the  observance  of  the  require- 
ments of  this  act. 

Seventh.  To  guard  by  regulations  against  such  a  multiplica- 
tion of  schools  in  proportion  to  the  funds  provided  as  will  tend  to 
fanse  a  low  grade  of  instruction  in  the  schools  or  in  any  other  way 
impair  their  efficiency. 

Eighth.  To  approve  or  amend  the  plans  of  the  Superintendent 
of  Public  Instruction  for  the  organization  and  conduct  of  the  sum- 
mer normal  schools,  to  audit  the  accounts  for  the  expenses  of  such 
schools,  and  issue  warrants  for  the  payment  thereof  as  other  war- 
.rants  are  issued  by  the  said  board. 

Ninth.  To  decide  appeals  from  the  decisions  of  the  Superin- 
tendent of  Public  Instruction :  provided,  that  all  the  facts  and  argu- 
ments in  each  case  shall  be  presented  in  writing,  and  in  such  form 
as  the  board  may  prescribe. 

Tenth.  To  order  the  sense  of  voters  to  be  taken  in  counties  or 


21 


districts  on  all  matters  which  may  be  properly  so  referred  under 
ther  of  the  school  law  whenever  deemed  proper  b^ 


Eleventh.  To  invest  the  capital  and  unappropriated  income  of 
he  literary  fund  in  bonds  of  this  State  or  of  the  United  States,  or 

>nds  of  railroad  companies  secured  by  first  mortgage  whose 
market  value  for  six  months  preceding  the  investment  has  not  been 
Less  than  ninety  cents  on  the  dollar,  or  in  bonds  made  by  the  dis- 
t  school  boards  of  the  different  school  districts  in  this  State 
constituting  a  lien  on  the  district  funds  in  the  different  districts' 
cured  by  deed  of  trust  on  the  school  property  in  said  districts 
in  which  said  bonds  are  invested.  The  said  board  may  call  in  any 
such  investment,  or  any  heretofore  made,  and  reinvest  the  same  as 
aforesaid  whenever  deemed  proper  for  the  preservation,  security, 
or  improvement  of  the  said  fund.  Whenever,  in  accordance  with 
this  section,  the  board  shall  invest  as  aforesaid  in  bonds  of  this 
State,  no  premium  shall  be  required  or  paid  on  such  investment.  All 
securities  for  money  belonging  to  the  literary  fund  shall  be  de- 
posited with  the  Second  Auditor  for  safe  keeping,  who  shall  re- 
turn with  his  annual  report  a  list  thereof  with  a  statement  of  their 
value. 

Twelfth.  To  audit  all  claims  which  are  to  be  paid  out  of  the 
literary  fund,  and  to  allow  so  much  thereof  as  shall  appear  to  be 
due:  provided,  that  not  more  than  ten  years  shall  have  elapsed 
when  by  law  such  claim  might  have  been  presented  for  payment. 
For  any  claims  so  allowed,  certified  by  the  secretary  and  presiding 
officer  of  the  board,  the  Second  Auditor  shall  issue  his  warrant  on 
the  treasurer,  signed  by  the  Second  Auditor  and  attested  by  one  of 
his  clerks.  All  money  belonging  to  the  literary  fund  shall  also  be 
received  into  the  treasury  on  the  warrant  of  the  Second  Auditor, 
who  shall  also  be  the  accountant  of  the  said  fund. 

Thirteenth.  To  approve  or  amend  the  schemes  prepared  by 
the  Superintendent  of  Public  Instruction  for  apportioning  the 
money  appropriated  by  the  State  for  public  free  school  purposes 
among  the  several  counties  and  cities  of  the  State. 

Fourteenth.  To  determine  the  necessary  contingent  expenses  of 
the  office  of  the  Superintendent  of  Public  Instruction,  including 
stationery,  postage,  printing,  furniture,  and  other  charges;  to  ex- 
on  the  Second  Auditor  for  the  payment  of  the  same,  said  warrants 
to  be  signed  by  the  secretary  and  the  presiding  officer  of  the 
board. 


22 

Fifteenth.  To  punish  division  superintendents  of  schools  for 
neglect  of  duty,  or  for  any  official  misconduct,  by  reasonable  fines, 
to  be  deducted  from  their  pay,  by  suspension  from  office  and  pay 
for  a  limited  period,  or  by  removal  from  office. 

Sixteenth.  To  appoint  a  board  of  directors,  consisting  of  five 

members,    to    serve   without   compensation,   which   shall   have   the 

management   of  the   State  library    (except  the  law  library)     and 

the  appointment  of  a  librarian  and  other  employees  thereof,  subject 

-to  such  rules  and  regulations  as  the  General  Assembly  shall  prescribe 

Seventeenth.  To  observe  the  operations  of  the  public  free 
school  system,  to  regulate  such  matters  as  may  arise  in  the  practi- 
cal administration  thereof  not  otherwise  provided  for,  and  to  sug- 
gest to  the  General  Assembly  any  improvements  deemed  advisable 
therein,  and  for  which  the  said  board  has  no  power  to  provide. 

Eighteenth.  To  make  a  report  to  the  General  Assembly  at 
each  regular  session,  covering  the  annual  report  of  the  Superin- 
tendent of  Public  Instruction,  giving  an  account  of  the  operations 
of  the  board  for  the  two  school  years  immediately  preceding  the 
session  of  the  General  Assembly. 

Nineteenth.  To  perform  such  other  duties  as  may  be  prescribed 
by  law. 

Twentieth.  Such  reasonable  expenses  as  members  of  the  board, 
except  the  Governor,  the  Attorney-General,  and  the  Superintendent 
of  Public  Instruction,  may  incur  in  attending  the  meetings  of  the 
board,  or  any  committee  thereof,  shall  be  paid  from  the  funds  at 
the  command  of  the  board  by  warrant  on  the  Second  Auditor  as 
other  expenses  of  the  board  are  paid.  (Code,  Sec.  1433) 

8.  Board  of  Education  to  keep  certificates  of  West  Virginia's 
share  of  the  debt. — The  certificates  given  for  the  third  of  the  bonds 
set  apart  for  West  Virginia's  portion  of  the  debt  held  by  the  lit- 
erary fund  shall  be  safely  deposited  and  kept  by  the  Board  of 
Education,  subject  to  the  provisions  of  any  settlement  which  may 
be  had  between  this  State  and  the  State  of  West  Virginia  in  refer- 
ence to  the  public  debt  of  Virginia    created  prior  to  the  formation 
of  the  State  of  West  Virginia.     (Code,  Sec.  436) 

SUPERINTENDENT    OF    PUBLIC    INSTRUCTION 

9.  His  election  and  term;  his  salary  and  traveling  expenses; 
vacancy   in   office ;    qualification. — There   shall   be    elected   by   the 
•  qualified  voters  of  the  State  on  the  Tuesday  after  the  first  Monday 


23 

in  November,  nineteen  hundred  and  five,  and  every  four  years 
thereafter,  a  Superintendent  of  Public  Instruction,  who  shall  be 
an  experienced  educator,  and  whose  term  of  office  shall  commence 
on  the  first  of  February  following  his  election:  provided,  that  the 
present  incumbent  of  the  office  or  his  successor  shall  continue  in 
office  until  February  first,  nineteen  hundred  and  six. 

His  salary  shall  be  fixed  by  the  General  Assembly,  and  he  shall 
be  allowed  his  necessary  traveling  expenses  while  engaged  in  the 
duties  of  his  office  a  sum  not  to  exceed  eight  hundred  dollars  in 
any  school  year:  provided,  that  this  amount  shall  be  in  full  of  all 
sums  now  set  apart  by  law  or  otherwise  for  necessary  traveling 
expenses,  but  is  in  no  way  to  affect  the  salary  of  the  said  Superin- 
tendent of  Public  Instruction. 

Any  vacancy  occurring  in  the  office  within  a  regular  term  shall 
be  filled  for  the  unexpired  /term  by  the  State  Board  of  Education. 

Before  entering  upon  the  discharge  of  the  duties  of  the  of- 
fice he  shall  take  and  subscribe  the  oath  prescribed  for  all  officers 
of  the  State.  (Code,  Sec.  1434) 

10.  The  bonds  of  certain  officers  and  of  their  clerks,  including 
the  Superintendent  of  Public  Instruction  and  his  clerks. — The  of- 
ficers and  clerks  herein  named  shall  each  give  bond,  with  suffi- 
cient sureties,  to  be  approved  by  the  Governor.  Such  surety  may 
be  either  personal  or  a  guaranty  or  trust  company.  If  any  clerk 
herein  required  to  give  bond  with  surety  shall  give  as  such  surety 
a  guaranty  company,  the  cost  thereof  shall  be  paid  by  the  Com- 
monwealth: provided,  that  the  charge  made  by  such  company  for 
becoming  such  surety  shall  be  approved  by  a  board  composed  of 
the  Governor,  Lieutenant-Governor,  and  Attorney-General  as  a 
fair  and  reasonable  charge. 

The  penalties  of  the  bonds  shall  be  as  follows:  Of  the  Secre- 
tary of  the  Commonwealth,  ten  thousand  dollars;  of  each  of  his 
clerks,  three  thousand  dollars;  of  the  State  Treasurer,  one  hun- 
dred thousand  dollars;  of  each  of  his  clerks,  five  thousand  dollars; 
of  the  Superintendent  of  Public  Instruction,  ten  thousand  dol- 
lars; of  each  of  his  clerks,  two  thousand  dollars;  of  the  Commis- 
sioner of  Agriculture,  ten  thousand  dollars;  of  each  of  his  clerks, 
five  thousand  dollars;  of  the  Auditor  of  Public  Accounts,  thirty 
thousand  dollars;  of  each  of  his  clerks,  ten  thousand  dollars;  of 
the  Second  Auditor,  twenty  thousand  dollars ;  of  each  of  his  clerks, 
seven  thousand  five  hundred  dollars;  of  the  Register  of  the  Land 


24 

Office,  ten  thousand  dollars ;  of  the  Superintendent  of  Public  Print- 
ing, five  thousand  dollars.     (Code,  Sec.  225) 

11.  To  be  submitted  to  Attorney- General.— Each  of  the  said 
officers  and  clerks,  required  by  the  preceding  section  to  give  bond, 
shall  submit  his  bond  to  the  Attorney-General  for  his   examina- 
tion, and  in  case  of  his  inability  to  act,  by  reason  of  sickness  or 
otherwise,   to   such  person  learned  in  law    as  the   Governor  may 
select;  and  if,  after  examination,  such  bond  is  found  to  be  in  proper 
form   and  legally  executed,   the  Attorney-General,   or  the  person 
so  selected  by  the  Governor,  shall  make  an  endorsement  on  it  to 
that  effect.    Code,  Sec.  226) 

12.  Where  bonds  filed.— The  bond  of  each  of  the  said  officers 
and    clerks   mentioned   in    section    two    hundred    and   twenty-five, 
except   the  Auditor   of  Public  Accounts   and  his   clerks,   after  it 
shall  have  been  recorded  by  the  Secretary  of.  the  Commonwealth, 
as  required  by  section  one  hundred  and  seventy-seven,  shall  be 
transmitted  by  him  to  the  Auditor  of  Public  Accounts,  who  shall 
file  the  same  in  his  office.     The  bonds  of  the  Auditor  of  Public 
Accounts   and  of  his  clerks,  after  they  have  been  recorded  as  afore- 
said, shall  be  retained  and  filed  by  the  Secretary  of  the  Common- 
wealth in  his  office.     (Code,  Sec.  228) 

13.  Superintendent  of  Public  Instruction  a  member  of  board 
of   visitors. — The   Superintendent   of   Public   Instruction   is   made 
a  member  of  the  board  of  visitors  of  the  following  named  insti- 
tutions : 

The  Virginia  Military  Institute — Code,  Sec.  1564. 

The  Virginia  Agricultural,  Mechanical  and .  Polytechnic  Insti- 
tute—Code, Sec.  1591. 

State  Female  Normal  School— Code,  Sec.  1608. 

Virginia  Normal  and  Industrial  Institute — Code,  Sec.  1613. 

Virginia  School  for  the  Deaf  and  Blind — Code,  Sec.  1653. 

William  and  Mary  College— Acts  of  Assembly    1906,  page  95. . 

University  of  Virginia — Acts  of  Assembly   1906,  page  539. 

State  Normal  and  Industrial  School  for  Women  at  Harrisonburg 
—Acts  of  Assembly  1908,  page  428. 

State  Normal  and  Industrial  School  for  Women  at  Fredericks- 
burg— Acts  of  Assembly  1908,  page  428. 

State  Normal  and  Industrial  School  for  Women  at  Radford— 
Acts  of  Assembly  1910,  page  176. 

14.  Duties  of  Superintendent  of  Public  Instruction.— He  shall 
be  ex-officio  president  of  the  State  Board  of  Education,  by  which 
his  duties  shall  be  prescribed.     (Code,  Sec.  1436) 


26 

DIVISION   SUPERINTENDENTS 

15.  Division  Superintendent;  appointment;  term  of  office; 
vacancies;  his  qualification. — Within  sixty  days  before  July  first, 
nineteen  hundred  and  five,  and  every  four  years  thereafter,  the 
State  Board  of  Education  shall,  subject  to  the  confirmation  of  the 
Senate,  appoint  one  division  superintendent  of  schools  for  each 
school  division  that  the  said  board  may,  in  its  discretion,  estab- 
lish according  to  law:  provided,  that  no  federal  officer,  except  a 
fourth-class  postmaster,  and  no  superintendent  or  county  or  State 
officer,  except  a  notary  public,  or  any  deputy  of  said  officers,  shall 
be  chosen  or  allowed  to  act  as  division  superintendent  of  schools. 
The  term  of  office  of  the  said  division  superintendent  shall  be 
four  years  from  the  first  day  of  July  following  his  appointment  r 
provided,  that  the  superintendents  for  counties  and  cities  now  in 
office,  or  their  successors,  shall  continue  in  office  until  July  first, 
nineteen  hundred  and  nine  (1909). 

The  office  of  any  division  superintendent  shall  be  deemed  va- 
cant upon  the  refusal  of  the  Senate  to  confirm  his  nomination,  his 
removal  from  the  division  for  which  he  was  appointed,  his  engag- 
ing in  any  other  business  or  employment  during  his  term  of  office 
as  such  superintendent,  unless  such  superintendent  shall  have  been 
excepted  under  the  provisions  of  subsection  first  of  section  four- 
teen hundred  and  thirty-three  of  the  Code  of  Virginia,  as  amended, 
his  resignation  or  his  removal  from  office  by  the  State  Board  of 
Education.  Every  division  superintendent,  before  entering  upon 
the  discharge  of  the  duties  of  his  office,  shall  take  and  subscribe  the 
oath  prescribed  for  all  officers  of  the  State,  which  oath  shall  be 
made  and  subscribed  before  a  circuit  or  corporation  court  having 
jurisdiction  in  his  division,  or  before  the  judge  or  clerk  thereof  in 
vacation.  As  soon  as  the  oaths  shall  have  been  taken,  subscribed, 
and  certified,  a  minute  of  the  fact  shall  be  entered  in  the  records 
of  the  said  court,  and  a  certificate  of  the  clerk,  setting  forth  the 
qualification  and  its  record,  shall  be  furnished  the  Superintendent 
of  Public  Instruction  for  record  in  his  office.  (Code,  Sec.  1437) 

16.  His  salary. — The  said  superintendent  shall  receive,  to  be 
paid  in  monthly  instalments  out  of  the  State  school  fund  on  the 
warrant  of  the  State  Board  of  Education  drawn  upon  the  Second 
Auditor,  forty  dollars  for  every  thousand  of  population  under  his- 
jurisdiction  for  the  first  ten  thousand;  twenty-five  dollars  for 
every  thousand  in  excess  of  ten  up  to  and  including  thirty  thou- 


26 

sand,  and  fifteen  dollars  for  every  thousand  in  excess  of  thirty  thou- 
sand, rejecting  in  each  case  fractions  of  less  than  five  hundred: 
provided,  that  the  pay  of  a  superintendent  from  funds  in  the 
State  treasury  shall  not,  in  any  case,  be  less  than  two  hundred 
dollars  a  year:  and  provided  further,  that  when  a  school  division 
is  composed  of  more  than  one  county,  or  of  a  city  and  one  or 
more  counties,  the  salary  of  the  superintendent  of  such  division 
may,  in  the  discretion  of  the  State  Board  of  Education,  be  the 
aggregate  of  the  amounts  found  by  estimating  what  such  salary 
would  be  in  each  of  said  counties  and  city  if  each  of  the  same 
composed  a  separate  school  division. 

The  board  of  supervisors  of  any  county,  or  the  council  of  any 
city,  may,  out  of  any  surplus  of  any  funds  in  the  treasury  of  such 
county  or  city,  or  the  county  or  city  school  board  may,  out  of  the 
local  school  fund,  supplement  the  salary  of  the  superintendent  of 
schools  for  the  division  in  which  said  county  or  city  may  be  lo- 
cated: provided,  that  the  salary  of  any  such  division  superinten- 
dent shall  not  be  increased  or  diminished  by  any  such  said  city 
council  or  county  board  of  supervisors  during  his  term  of  office. 
(Code,  Sec.  1438) 

17.  How  salaries  of    Superintendents   paid. — The    salaries    of 
division  superintendents  of  schools,  so  far  as  payable  by  the  State, 
shall  be  paid  out  of  the  bulk  of  the  State  school  funds  as  distin- 
guished from  the  appropriations  from  the  same  to  the  several  coun- 
ties.    (Code,  Sec.  1519) 

18.  Powers  and  duties. — The  powers  and  duties  of  the  division 
superintendent  shall  be  fixed  by  the  State  Board  of  Education. 
(Code,  Sec.  1439) 

19.  Requisition  by  Treasurer  for  State  funds ;  to  notify  Superin- 
tendent when  received. — At  the  proper  time  each  division  superin- 
tendent  of  schools   shall  notify   the   county  treasurer  in   writing 
that  the  State  money  apportioned  to  the  county  in  cash  is  ready  for 
distribution,  whereupon  the  county  treasurer  shall  forthwith  make 
requisition  in  due  form  upon  the  Second  Auditor  for  the  amount 
specified ;   and  as  soon   as  the  money  has  been  received  into  the 
-county  treasury  it  shall  be  the  duty  of  the  treasurer  to  inform  the 
division  superintendent  of  the  fact.     (Code,  Sec.  1516) 

SCHOOL    TRUSTEE    ELECTORAL    BOARD 

20.  School  trustee  electoral  board;  composition;  duties;  com- 
pensation.—In  each  county  there  shall  be  a  board,  to  be  known  as 


27 

the  school  trustee  electoral  board,  which  shall,  until  February  first, 
nineteen  hundred  and  four,  be  composed  of  the  county  judge,  the 
attorney  for  the  Commonwealth,  and  the  division  superintendent 
of  schools;  but  after  the  first  day  of  February,  nineteen  hundred 
and  four,  the  said  board  shall  be  composed  of  the  attorney  for  the 
Commonwealth,  the  division  superintendent  of  schools,  and  a  resi- 
dent qualified  voter  who  is  not  a  county  or  State  officer,  to  be 
appointed  by  the  judge  of  the  circuit  court  on  or  within  thirty  days 
after  the  first  day  of  February,  nineteen  hundred  and  four,  and 
every  four  years  thereafter.  This  resident  qualified  voter  shall  re- 
ceive a  per  diem  of  two  dollars  for  each  day  actually  employed,  to 
be  paid  out  of  the  county  school  fund ;  but  when  acting  as  a  mem- 
ber of  the  board  of  appeals,  according  to  the  provisions  of  section 
fourteen  hundred  and  eighty-seven,  he  shall  receive  two  dollars 
per  day,  to  be  paid  out  of  the  district  fund  of  the  district  in  which 
the  service  is  rendered.  The  said  appointee  shall  qualify  before  the 
clerk  of  the  said  circuit  court,  and  shall  serve  for  a  term  of  four 
years  from  the  first  day  of  March,  nineteen  hundred  and  four.  Any 
vacancy  occurring  within  the  term  of  the  said  appointee  shall  be 
filled  by  the  said  circuit  judge  within  thirty  days  thereafter. 
Sec.  1451) 

21.  Clerk  and  Chairman. — The  division  superintendent  shall  be 
clerk,  and  the  board  shall  elect  one  of  its  members  chairman.  (Code, 
Sec.  1451.) 

22.  Term  of  office;  mode  of  filling  vacancies,  and  so  forth; 
qualifications  of  trustees. — The  school  trustee  electoral  board  shall 
appoint  one  school  trustee  for  the  several  school  districts  in  their 
respective  counties    not  more  than  thirty  days  before  September 
first,  nineteen  hundred  and  six,  whose  term  of  office  shall  be  three 
years  from  said   September  first,  nineteen  hundred  and  six,   and 
thirty  days  before  September  first,  nineteen  hundred  and  six,  and 
thirty  days  before  September  first  of  each  succeeding  year  there- 
after, one  school  trustee  for  each  district,  whose  term  of  office  shall 
begin  on  the  first  day  of  September  of  that  year  and  continue  for 
three  years.    And  the  terms  of  the  present  trustees  are  hereby  ex- 
tended to  the  first  day  of  September  succeeding  the  term  for  which 
they  were  appointed.     Said  boards  shall  fill  vacancies   occurring 
within  a  regular  term  for  the  unexpired  part  thereof. 

No  person  who  is  unable  to  read  and  write  shall  be  appointed 
a  trustee.     (Code,  Sec.  1454) 

23.  Power  of  board  to  declare  and  fill  vacancies  and  to  deter- 


28 

mine  appeals. — The  board  shall  furthermore  have  power,  and  it 
shall  be  its  duty,  to  declare  vacant  and  proceed  to  fill  the  of- 
fice of  any  trustee  who  fails  to  qualify  and  to  deliver 
to  the  clerk  of  this  board  his  official  oath  in  the  usual 
form  within  thirty  days  after  he  has  been  notified  by  said 
clerk  of  his  appointment.  The  board  shall  also  vacate  the  office 
of  any  and  every  trustee  who  fails  to  discharge  the  duties  of  his 
office  according  to  law.  In  the  investigation  of  any  such  alleged 
failure,  or  in  hearing  any  case  of  appeal  referred  to  it  under  this 
chapter,  the  electoral  board  shall  have  power  to  issue  summonses 
and  rules  to  witnesses  to  appear  before  it,  and  to  require  to  be 
produced  before  it  any  official  records,  papers,  or  books  pertaining 
to  the  case,  and  for  failure  to  obey  such  summons  or  order  the 
board  may  impose  a  fine  not  exceeding  ten  dollars  for  each  offence. 
The  chairman  of  the  board  shall  have  power  to  administer  an  oath 
to  any  witness  appearing  before  it.  The  said  board  is  hereby  con- 
stituted a  permanent  board  of  appeal  to  hear  and  determine  all 
complaints  that  may  be  referred  to  it  under  the  provisions  of  sec- 
tion fourteen  hundred  and  eighty-seven  of  this  chapter.  (Code, 
Sec.  1455) 

24.  Meetings  of  board. — Any  member  may  call  a  meeting  by 
giving  due  notice  to  the  other  two  members.  Any  two  members  shall 
constitute  a  quorum;  a  concurrence  of  a  majority  of  the  board  in 
a  duly  assembled  meeting  shall  be  required  to  constitute  a  valid 
act.     (Code,  Sec.  1456) 

25.  Clerk  of  board;  his  duties.— It  shall  be  the  duty  of  the 
clerk  of  the  board  to  record  all  proceedings  in  a  bound  volume, 
which  record  book,  together  with  such  stationery  and  postage  as 
may  be  required  for  correspondence  with  trustees,  shall  be  paid  for 
out  of  the  county  school  fund  on  the  warrant  of  the  said  board, 
provided  the  cost  of  the  same  shall  not  exceed  five  dollars  in  any 
one  year.    The  clerk  shall  furnish  the  Superintendent  of  Public  In- 
struction with  a  list  of  the  school  trustees  of  each  district  of  the 
county,  their  postoffices  and  date  of  appointment,  and  such  other 
information  as  may  be  called  for.     He  shall  promptly  notify  the 
board  when  unexpected  vacancies  occur,  and  shall  also  notify  the 
same  thirty  days  in  advance  of  the  expiration  of  regular  terms  of 
office,  so  that  the  district  boards  may  be  kept  full  and  no  members 
left   to   hold    over   unnecessarily.     He   shall   promptly  notify   all 
trustees  of  their  appointment,  and  also  forward  to  the  same  blank 


29 

copies  of  the  official  oath,  to  be  furnished  by  the  Superintendent  of 
Public  Instruction.    (Code,  Sec.  1547) 

26.  Appointment  of  trustees  by  councils. — Nothing  in  this  chap- 
ter shall  be  construed  as  giving  authority  to  said  board  to  interfere 
in  any  way  with  the  appointment  of  school  trustees  by  municipal 
councils,  or  to  disturb  in  any  way  the  law  bearing  on  the  action 
of  said  municipal  councils  in  the  premises.     (Code,  Sec.  1458) 

27.  Appeals. — Any  five  interested  heads  of  families,  residents 
of  the  district,  who  may  feel  themselves  aggrieved  by  the  action 
of  any  district  school  board,  may,  within  thirty  days  after  such 
action,   state  their  complaint  in  writing  to  the  division  superin- 
tendent of  schools,  who,  if  he  cannot  within  ten  days  after  the 
receipt  of  the  said  complaint  satisfactorily  adjust  the  same,  shall 
errant  an  appeal  to  the  school  trustee  electoral  board,  which  shall 
meet  in  the  district  where  such  complaint  originated,   and  shall 
summon  witnesses  and  decide  finally  all  questions  at  issue.     Any' 
action  taken  or  had  by  this  board  shall  be  recorded  in  its  minutes 
and  also  in  the  record  book  of  the  district  board  whose  action  it 
reviewed.     (Code,  Sec.  1487) 

SCHOOL,    TRUSTEES 

28.  School  trustees,  their  number  and  term. — There  shall  be 
three  school  trustees  for  each  school  district,  whose  term  of  office 
shall  be  three  years,  respectively.     (Code,  Sec.  1453) 

29.  Who  cannot  be  trustee.— No  federal,  State  or  county  of- 
ficer, or  any  deputy  of  such  officer,  and  no  supervisor,  shall  be 
chosen  or  allowed  to  act  as  district  school  trustee:  provided,  that 
the  provisions  herein  contained  shall  not  apply  to  fourth-class  post- 
masters, county  superintendents  of  the  poor,  commissioners  in  chan- 
cery, commissioners  of  accounts,  and  notaries  public. 

2.  Inasmuch  as  the  restrictions  heretofore  existing  affect  the 
tenure  of  office  of  many  school  trustees,  an  emergency  exists,  and 
this  act  shall  be  in  force  from  its  passage.  (Code,  Sec.  1459;  act 
approved  March  5,  1908) 

30.  Must  be  a  resident  of  district  and  take  oath. — Every  school 
trustee  shall,  at  the  time  of  his  appointment,  be  a  resident  of  the 
school  district  for  which  he  is  appointed,  and  if  he  shall  cease  to 
be  a  resident  thereof  his  office  shall  be  deemed  vacant.    Before  en- 
tering upon  the  discharge  of  the  duties  of  his  office  he  shall  take 
and  subscribe  the  oath  prescribed  for  officers  of  the  State  before 


30 

the  division  superintendent  of  schools  or  any  other  officer  authorized 
to  administer  an  oath.  The  officer  administering  the  said  oath  shall 
certify  the  same  to  the  clerk  of  the  circuit  court,  and  the  said 
clerk  shall  make  in  his  record  book  a  minute  of  the  qualification 
of  said  trustee.  And  no  fee  shall  be  charged  for  either  service. 
(Code,  Sec.  1460) 

COUNTY    SCHOOL    BOARD 

31.  County  school  board,  how  constituted;  to  be  a  corporation. 

The  division  superintendent  of  schools,  together  with  the  district 
school  trustees  in  each  county,  including  those  in  towns  constitut- 
ing separate  school  districts,  for  certain  purposes  hereinafter  speci- 
fied shall  constitute  a  body  corporate,  under  the  style  of  ''the 

county  school  board  of county,"  and  may,  in  its  corporate 

capacity,  eue  and  be  sued,  contract  and  be  contracted  with,  and 
purchase,  lease,  take,  hold  and  convey  property.  This  board  shall 
be  subject  to  the  higher  authority  in  like  manner  as  the  district 
boards.  (Code,  Sec.  1441) 

32.  Officers  of  board. — The  division  superintendent  of  schools 
shall  be  ex-officio  president  of  the  county  school  board,  and  it  shall 
be  the  duty  of  the  said  board,  at  its  first  meeting,  and  on  the  occur- 
rence of  a  vacancy  afterwards,  to  elect  one  of  its  members  vice- 
president.     (Code,  Sec.  1442) 

33.  Meetings  of  board. — It  shall  be  the  duty  of  the  president 
to  call  meetings  of  the  board  whenever  in  his  judgment   such  meet- 
ings are  needed,  and  also  when  requested  to  do  so  by  two  chair- 
men of  the  district  boards  of  the  county.     (Code,  Sec.  1443) 

34.  By-laws,  records  and  clerk. — The  county  school  board  shall 
make  and  record,  in  a  bound  volume,  by-laws  and  regulations  tor 
its  own  government  and  for  carrying  out  all  duties  imposed  upon 
it  by  law ;  and  shall  keep,  in  said  volume,  a  record  of  the  proceed- 
ings of  each  meeting.     It  may  appoint  a  clerk,  at  discretion,  who 
shall  receive  as  compensation  three  dollars  per  day  for  each  day  the 
board   is  in   session,  not  exceeding  ten   dollars  per  annum,  which 
compensation,  together  with  necessary  expenses  and  contingent  ex- 
penses attending  the  transaction  of  business  by  the  board,  may  be 
paid  out  of  any  funds  under  the  control  of  the  board.     ^Code,  Sec. 
1444) 

35.  Annual  meetings. — The  board  shall  hold  a  regular  annual 
meeting  between  the  first  and  fifteenth  day  of  August,  the  exact 


31 

date  to  be  fixed  by  the  board  itself,  or,  in  default  thereof,  by  the 
president.     (Code,  Sec.  1445) 

36.  Annual  report.— The  board  shall  make  an  annual  report 
to  the  Superintendent  of  Public  Instruction,  through  the  division 
superintendent  of  schools,  on  or  before  the  tenth  day  of  Septem- 
ber of  each  year,  which  shall  give  in  detail  its  official  acts  for  the 
year  closing  the  thirty-first  day  of  July  preceding.      (Code,   Sec. 
1446) 

37.  Powers  and  duties  of  board. — First.  Expenses  of  trustees. — 
The  county  school  board  may  order  any  district  school  board  of 
the  county  to  pay  to  each  school  trustee,  except  the  clerk  of  the 
board,  a  sum  not  to  exceed  ten  dollars  in  any  one  year  to  cover  the 
expenses  of  said  trustee  for  attendance  upon  the  meetings  of  the 
county  and  the  district  school  boards. 

Second.  Estimate  of  expenses. — It  shall  be  the  duty  of  the  county 
school  board  of  each  county,  on  or  before  the  first  day  of  April 
of  each  year,  to  prepare  and  file  with  the  division  superintendent 
of  schools  an  estimate  of  the  amount  of  money  which  will  be  needed 
during  the  next  scholastic  year  for  the  support  of  the  public  free 
school  system  of  the  county,  and  at  the  same  time,  after  carefully 
revising  the  estimates  of  the  district  boards  of  trustees  submitted 
to  the  county  board  in  accordance  with  the  provisions  of  section 
fourteen  hundred  and  sixty-six  of  this  chapter,  to  prepare  and  file 
with  said  superintendent  separate  estimates  of  the  necessary  ex- 
penses of  the  public  free  schools  in  each  school  district  of  the  county 
for  the  next  scholastic  year,  which  estimate  shall  be  submitted 
by  him  to  the  board  of  supervisors  at  a  regular  meeting. 

Third.  Apportionment  of  county  fund. — The  county  school  fund 
shall  be  apportioned  by  the  county  school  board  among  the  several 
districts  of  the  county  according  to  its  judgment  having  due  regard 
to  maintaining,  as  far  as  practicable,  a  uniform  term  throughout  all 
of  the  districts :  provided,  that  such  primary  and  grammar  schools  as 
may  be  established  in  any  school  year  shall  be  maintained  at  least 
four  months  of  that  school  year  before  any  part  of  the  fund  as- 
sessed and  collected  may  be  devoted  to  the  establishment  of  schools 
of  a  higher  grade. 

Fourth.  Property  vested  in  and  managed  by  county  board; 
counsel. — All  money,  bonds,  stocks,  debts,  funds,  effects  and  other 
property,  real  or  personal,  held  by  individuals  by  virtue  of  their 
office  of  school  commissioner  or  overseers  of  the  poor  of  any  of  the 


32 

counties   of  this   Commonwealth,   except  the   county   of  Loudoun. 
under  any  act  heretofore  passed  by  the  General  Assembly  of  Vir- 
ginia, acquired  or  derived  from  the  sale  of  glebe  lands,  or  from  any 
other  source  formerly  belonging  to  any  of  the  said  counties,  and 
applicable  to  school  purposes;  also  such  real  or  personal  estate  in 
any  of  the  said  counties  as  belonged  to  the  former  board  of  the 
literary  fund,  together  with  any  other  funds  or  property  which 
had  in  any  manner  been  set  apart  for  school  purposes,  but  which 
has  been  practically  abandoned  or  is  without  trustees;  and  any 
funds  ^r  property  that  may  be  hereafter  set  apart  solely  for  county 
school  purposes,  and  all  donations,  by  will,  deed,  or  other  convey- 
ances, heretofore  or  hereafter  made  for  county  or  district  school 
purposes,  the  lot  and  school  building  and  all  the  real  and  personal 
property  acquired  for  the  use  of  a  county  or  district  high  school, 
or  for  the  maintenance  thereof,  shall  be  vested  in  the  said  county 
or  district  school  board  of  the  said  counties,  respectively,  unless 
inconsistent  with  the  grant  or  devise,  upon  such  terms  and  condi- 
tions for  the  security  of  the  same  as  the  circuit  court  of  said  county 
shall  prescribe.     The  said  board  or  boards  shall,  when  not  incon- 
sistent with  the  terms  of  the  grant  or  devise,  invest  and  manage  the 
same,  and  apply  the  profits  thereof  for  the  purpose  of  education  in 
the  same  manner  and  under  the  same  restrictions  as  the  general  school 
fund  of  the  State  is  applied  under  the  general  school  law  of  the 
State,   except  that  the  said  boards  are  authorized  to  apply  such 
portions  of  the  profits  of  the  funds  as  in  their  judgment  may  be 
necessary  to  the  erection  of  school-houses  in  their  said  counties,  re- 
spectively, or  to  the  purchase  of  school  apparatus  for  the  use  of 
schools.     But  if  such  fund  does  not  exceed  in  amount  the  sum  of 
two  thousand  dollars,  the  said  board  or   boards  may,  if  in  their 
judgment  expedient,  use  such  fund  in  whole  or  in  part  in  the  erec- 
tion of  school-houses  in  their  said  counties  or  districts  or  in  paying 
any  debt  which  may  have  been  incurred  by  said  county  or  district 
boards  in  the  erection  of  school-houses ;  provided,  that  such  disposi- 
tion is  not  in  conflict  with  the  will  of  the  grantor  or  testator.     In 
cases  where  funds  or  other  property  are  held  by  trustees  for  pur- 
poses of  common  school  education  the  county  school  board  shall  have 
power,  and  it  shall  be  its  duty,  to  examine  into  the  manner  in  which 
such  trusts  are  administered;  and  all  such  trustees  are  hereby  re- 
quired to  render  reports  to  the  county  board  whenever  called  on, 
and  to  afford  every  facility  wanted  by  said  board  in  order  to  obtain 
a  full  understanding  of  all  the  points  connected  with  such  adminis- 


33 

tration ;  and  should  such  examination  reveal  any  defect  or  irregular- 
ity in  the  administration  of  such  trust  funds  or  other  property,  it 
shall  be  the  duty  of  the  county  school  board  to  institute  prompt  pro- 
ceedings for  carrying  the  matter  before  the  civil  courts.  In  cases 
where  donations  or  other  funds  have  been  set  apart  for  the  education 
of  the  poor,  the  county  school  board  is  authorized  to  receive  and  ap- 
ply the  same  in  connection  with  the  public  free-  schools  in  obedience 
to  the  will  of  the  donor.  The  county  school  board  of  any  county 
may  employ  counsel,  and  provide  for  and  direct  the  payment  of 
reasonable  attorney's  fees  whenever  such  action  may  be  necessary 
for  effectuating  the  purposes  and  objects  of  this  section,  or  for 
the  protection  of  the  public  schools  of  the  county,  or  of  any  school 
district  thereof,  from  loss  or  detriment  from  any  cause:  provided, 
that  nj  such  fee  shall  be  paid  or  allowed  by  such  board  unless  or 
until  the  same  shall  have  been  approved  by  the  court  in  which  such 
litigation  was  had:  provided  further,  that  nothing  in  this  law  con- 
tained shall  be  construed  to  apply  to  the  twenty-fifth  clause  of  the 
will  of  Samuel  Miller,  deceased,  or  in  any  wise  to  affect  or  impair 
any  rights  or  interest  whatsoever,  either  public  or  private,  arising 
under  said  clause,  or  to  any  fund  now  held  by  the  Charlottesvillt 
district  school  board  of  Albemarle  county,  known  as  district  num- 
ber five.  (Code,  Sec.  1447) 

38.  Authorizing  county,  district  and  city  school  boards  to  sell 
or  exchange  public  school  property. — Any  county,  district  or  city 
school  board  may  file  its  petition  in  the  circuit  court  of  its  city  or 
county,  or  the  corporation  or  the  hustings  court  of  its  city,  or  before 
the  judge  thereof  in  vacation,  asking  leave  to  sell  or  exchange  any 
public  school  property  which  in  its  judgment  it  is  desirable  to  sell 
or  exchange,  and  upon  evidence  being  produced  before  the  court, 
or  judge  thereof  in  vacation,  that  such  sale  or  exchange 
is  proper  to  be  made,  the  said  court,  or  judge  thereof  in 
vacation,  shall  make  such  order  as  may  be  proper  providing 
for  the  sale  of  said  property,  or  that  the  same  may  be  ex- 
changed: provided,  that  if  the  said  school  property  is  sold  it  shall 
be  sold  to  the  highest  bidder  at  public  auction  after  due  public 
notice  of  time  and  place  of  sale  be  made  known  by  posting  notices 
in  the  school  district  or  city  in  which  said  school  property  is  located, 
and  in  case  of  sale  of  said  property  the  court  or  judge  shall  make 
an  order  for  the  proper  use  or  investment  of  the  proceeds  of  the 
same;  the  court  may  make  such  order  as  to  the  cost  as  to  it  may 
aeem  proper.  In  case  of  sale  or  exchange  of  district  school  property 


34 

the  deed  for  the  same  shall  be  made  by  the  school  trustees  of  the 
district  or  districts  in  which  the  property  is  situated.  (Code,  Sec. 
1466a) 

39.  Proceedings  against  officers,  and  so  forth,  to  compel  set- 
tlements of  accounts. — The  county  school  board  shall  have  power, 
and  it  shall  be  its  duty,  in  the  event  of  any  delinquency  or  irregu- 
larity in  the  acts  of  any  treasurer,  district  board  of  trustees,  or  of 
any  officer  or  member  thereof,  to   take   such  steps   and  institute 
such  legal  proceedings  as  may  be  necessary  and  proper  in  order  to 
secure   a   complete  settlement   of  the   accounts   of  such  treasurer, 
board  of  trustees,  officers,  or  member  thereof,  and  a  full  and  clear 
exhibit  of  the  transactions  of  said  officer  or  board  in  connection 
with  the  receipts  and  disbursements  of  any  funds  for  public  school 
purposes,  and  to  compel  the  payment  of  any  balance  that  may  be 
in  the  hands  of  such  treasurer,  board  of  trustees,  officer,  or  mem- 
ber thereof.  The  county  school  board  shall  have  power,  and  it  shaD 
be  its  duty,  to  take  such  steps  and  institute  such  legal  proceedings 
as  may  be  necessary  and  proper  to  secure  a  complete  settlement 
of  the  accounts  of  any  trustees  to  whom  any  funds  or  other  prop- 
erty for  the  purpose  of  common  school  education  shall  have  been 
entrusted,  and  to  secure  a  full  and  proper  administration  of  the 
said  trusts;  and  to  this  end  it  may  apply  to  the  courts  for  the  re- 
moval, for  good  cause  shown,  of  the  old  trustees,  and  for  the  ap- 
pointment of  new  trustees,  either  in  place  of  those  so  removed  or 
to  fill  vacancies,  and  to  institute  such  suits  or  actions  as  may  be 
necessary  to  compel  the  payment  of  any  balances  in  the  hands  of 
the  old  trustees  so  removed,  or  to  correct  any  defect  or  irregularity 
whatever  in  the  administration  of  such  trust  fund  or  other  prop- 
erty.   It  shall  be  the  duty  of  the  attorney  for  the  Commonwealth  to 
act  as  attorney  for  the  said  county  school  board,  and  to  institute 
such  legal  proceedings  as  the  said  board  may  think  proper  and 
necessary.     (Code,  Sec.  1486.) 

DISTRICT    SCHOOL,    BOARDS 

40.  District  school  boards;  quorum,  chairman  and  clerk. — In 
each  school  district  there  shall  be  a  district  school  board,  consisting 
of  three  trustees,  who  shall  be  appointed  as  prescribed  by  section 
fourteen  hundred  and  fifty-four  of  this  chapter.    In  case  the  State 
Board  of  Education,  in  redistricting  any  county,  shall  reduce  the 
number  of  school  districts,  it  shall  provide  for  vacating  the  offices 


35 

of  such  trustees  as  may  be  necessary  to  conform  to  the  provisions 
of  this  section.  Each  board  of  school  trustees,  any  two  of  whom 
shall  constitute  a  quorum,  shall  appoint  one  of  their  number  chair- 
man and  another  clerk.  (Code,  Sec.  1461) 

41.  Clerks  of  district  boards  to  take  census  of  school  popula- 
tion; their  pay. — The  clerk  of  each  district  school  board,  during 
the  month  of  April  or  May,  nineteen  hundred  and  ten,  and  every 
five  years  thereafter,  shall,  in  proper  person  or  by  deputies  ap- 
proved by  the  division  superintendent  of  schools,  take  a  census  of 
all  persons  between  the  ages  of  seven  and  twenty  years    residing 
within  the  school  district,  and  gather  statistics  relating  to  the  in- 
terests of  education  in  said  district,   accordng  to  the  forms  fur- 
nished by  the  Superintendent  of  Public  Instruction.     The  lists  thus 
prepared  shall  be   submitted  for   careful   revision  to  the   district 
school  board  as  soon  as  may  be  after  their  completion,  and  shall  at 
all  times  be  open  to  the  inspection  of  any  citizen.    When  so  revised, 
they  shall  be  submitted,  along  with  the  other  papers  of  the  district, 
to  the  county  board  at  its  annual  meeting,  and  immediately  there- 
after delivered  to  the  division  superintendent.    For  said  service  the 
clerk  or  his  deputy  shall  receive  compensation  out  of  the  district 
school  fund  at  the  rate  of  three  dollars  per  hundred  of  the  children 
listed  by  him,  subject  to  the  abatement,  on  the  discovery,  "before  or 
after  the  settlement  of  the  account,  of  errors  or  omissions  in  the 
list,  or  to  a  fine  by  the  district  board,  as  provided  in  section  four- 
teen hundred  and  seventy-four.     (Code,  Sec.  1462) 

42.  Clerk  to  take  census  of  the  deaf  and  the  blind;  his  pay; 
superintendents  to  transmit  consolidated  reports  to  the  school  for 
the  deaf  and  blind. — He  shall,  at  the  same  time,  also  take  a  separate 
census  of  the  deaf  and  the  blind  persons  between  said  ages  residing 
within  the  school  district,  giving  the  sex,  age,  and  residence  of  each, 
and  return  a  copy  thereof  to  the  division  superintendent.    For  this 
service  he  shall  receive  a  compensation  similar  to  that  allowed  for 
listing  other  children,  and  out  of  the  same  fund.     The  superinten- 
dent shall  consolidate  the  reports  of  the  county  and  transmit  the 
same  to  the  superintendent  of  the  school  for  the  deaf  and  blind. 
(Code,  Sec.  1463) 

43.  Authorizing  a  new  school  census  when  boundaries  of  dis- 
trict are  changed. — Whenever  the  boundaries  of  any  school  district 
or  districts  are  changed    it  shall  be  the  duty  of  the  division  super- 
intendent of  schools  to  cause  a  census  to  be  taken  by  some  person 


36 

selected  by  him  of  the  school  children  of  the  territory  or  territories 
concerned,  which  census  shall  show  which  of  the  children  on  the 
census  books  of  the  preceding  regular  census  of  school  children, 
made  under  the  provisions  of  section  fourteen  hundred  and  sixty- 
two  of  the  Code,  both  white  and  colored,  have  been  transferred, 
naming  the  districts,  respectively,  from  which  they  come  and  to 
which  they  are  transferred,  and  when  said  census  is  certified  as 
required  by  section  fourteen  hundred  and  sixty-two  of  the  Code  of 
Virginia  it  shall  be  the  duty  of  the  division  superintendent  to  amend 
the  last  census  of  the  division  in  accordance  with  said  report  and 
thereafter  to  apportion  the  school  funds  amongst  the  school  dis- 
tricts of  the  division  in  accordance  with  the  said  amended  census. 
The  census  herein  required  shall,  except  as  herein  provided,  be  taken 
in  accordance  with  the  provisions  of  said  section  fourteen  hundred 
and  sixty-two  of  the  Code  of  Virginia,  and  the  cost  thereof  shall  be 
borne  by  the  school  districts  to  which  territory  is  annexed,  in  propor- 
tion to  their  respective  increases  of  school  population.  (Code,  See. 
1463a) 

44.  Providing  for  the  apportionment  of  school  funds  and  for 
taking  the  census  of  children  in  school  districts  situated  in  niore 
than    one    county. — Whenever    a    school    district    is    situated    in 
more  than  one  county  of  this  State,  and  the  counties  in  which  such 
school  district  is  located  collect  or  apportion  county  or  State  taxes, 
or  both,  therein,  then  the  division  superintendent,  or  county  school 
board  of  each  of  said  counties,  shall  make  such  pro  rat  a  apportion- 
ment of  county  and  State  school  funds  in  that  portion  of  said  school 
district  located  in  such  county  as  is  made  to  the  other  school  dis- 
tricts of  such  county;  and   in  taking  the  school  census  of  such  dis- 
trict   the  clerk,  or  other  person  taking  the  census,  shall  show  in 
which  county  each  child  enumerated  resides.     (Acts  1910,  page  208) 

45.  Clerks  to  keep  record  of  proceedings  of  boards;  accounts 
open  to  inspection. — He  shall  keep  in  a  bound  volume  a  record  of 
the  proceedings  of  the  board,  and  in  another  book  a  cash  account 
and  a  record  of  his  own  official  acts,  and  shall  keep  on  file  vouchers, 
contracts  and  other  official  papers;  all  of  which  shall  be  open  to 
the   inspection   of  the   division   superintendent   of  schools   and   of 
every  citizen  of  the  district,  and  shall  be  subject  to  such  periodical 
examinations  as  shall  be  prescribed  by  the  State  Board  of  Educa- 
tion.    (Code,  Sec.  1464) 

46.  To  discharge  other  duties;  their  pay. — He  shall  discharge 
such  other  duties  in  connection  with  the  school  business  of  the  dis- 


37 

trict  as  may  be  required  of  him,  and  for  his  services  may  be  allowed, 
out  of  the  district  fund,  an  amount  not  exceeding  three  dollars  for 
each  teacher.  (Code,  Sec.  1465) 

47.  Powers  and  duties  of  district  boards  of  school  trustees. — 
The  duties  of  the  district  board  of  school  trustees  shall  be,  in  gen- 
eral, as  follows: 

First.  To  explain,  enforce,  and  observe  the  school  laws,  and  to 
make  rules  for  the  government  of  the  schools  and  for  regulating  the 
conduct  of  pupils  going  to  and  returning  from  school. 

Second.  To  employ  teachers  and  to  dismiss  them  when  delin- 
quent, inefficient,  or  in  any  wise  unworthy  of  the  position :  provided, 
however,  that  the  authority  hereby  given  shall  be  subject  to  review 
by  the  board  of  appeal  provided  by  section  fourteen  hundred  and 
fifty-five  of  this  chapter:  provided  also,  that  no  district  school 
board  shall  employ  or  pay  any  teacher  from  the  public  funds  unless 
the  teacher  shall  hold  a  certificate  in  full  force  according  to  the 
provisions  of  section  fourteen  hundred  and  seventy-six:  and  pro- 
vided further,  that  no  district  school  board  shall  employ  or  pay 
any  teacher  from  the  public  funds  if  said  teacher  is  the  brother, 
sister,  wife,  son,  or  daughter  of  any  member  of  said  board.  Any 
member  of  any  district  board  who  shall  violate  any  of  these  pro- 
visions shall  be  personally  liable  to  refund  any  public  funds  paid  in 
violation  of  this  section,  to  be  recovered  from  him  by  suit  in  the 
name  of  the  Commonwealth  at  the  relation  of  the  attorney  for  the 
Commonwealth;  such  funds,  when  recovered,  to  be  paid  into  the 
county  school  fund. 

Third.  To  suspend  or  expel  pupils  when  the  prosperity  and  ef- 
ficiency of  the  schools  make  it  necessary. 

Fourth.  To  decide  what  children  wishing  to  enter  the  schools 
of  the  district  should  by  reason  of  the  poverty  of  their  parents  or 
guardians  receive  text-books  free  of  charge,  and  to  provide  for  sup- 
plying them  accordingly. 

Fifth.  To  see  that  the  census  of  children  required  by  section 
fourteen  hundred  and  sixty-two  of  this  chapter  is  taken  in  the 
proper  time  and  in  proper  manner. 

Sixth.  To  hold  regular  meetings  at  fixed  periods,  to  be  pre- 
scribed by  the  State  Board  of  Education,  and  special  meetings  when 
called  by  the  chairman  or  by  two  members. 

Seventh.  To  call  meetings  of  the  people  of  the  district  for  con- 
sultation in  regard  to  the  school  interests  thereof,  at  which  meetings 


38 

the  chairman  or  some  other  member  of  the  board  shall  preside,  if 
present. 

Eighth.  On  or  before  the  fifteenth  day  of  March  in  each  year 
to  prepare  and  return  to  the  president  of  the  county  school  board, 
to  be  by  him  laid  before  the  board  at  its  earliest  meeting,  an  esti- 
mate of  the  amount  of  money  which  will  be  needed  in  the  district 
during  the  next  school  year  for  providing  school-houses,  text-books 
for  indigent  children,  and  school  appliances,  and  other  necessary 
expenses  • 

Ninth.  To  provide  suitable  school-houses  with  proper  furniture 
and  appliances,  in  accordance  with  section  fourteen  hundred  and 
thirty-three,  subsection  six,  of  this  act,  and  care  for,  manage,  and 
control  the  school  property  of  the  district.  For  these  purposes  it 
may  lease,  purchase,  or  build  such  houses  according  to  the  exigencies 
of  the  district  and  the  means  at  its  disposal. 

Tenth.  To  visit  the  public  free  schools  in  the  district  from  time 
to  time,  and  to  take  care  that  they  are  conducted  according  to  law, 
and  with  the  utmost  efficiency. 

Eleventh.  To  provide  for  the  pay  of  the  teachers  and  of'  the 
clerk  of  the  board,  the  cost  of  providing  school-houses  and  the  ap- 
purtenances thereto  and  the  repairs  thereof,  school  furniture  and 
appliances  as  provided  for  in  section  fourteen  hundred  and  thirty- 
three,  subsection  six,  of  this  act,  necessary  text-books  for  indigent 
children  attending  the  public  free  schools,  and  any  other  expense 
attending  the  administration  of  the  public  free  school  system,  so  far 
as  the  same  is  under  the  control  or  at  the  charge  of  the  school  dis- 
trict or  its  officers. 

Twelfth.  To  examine  all  claims  against  the  school  district,  and 
when  approved  to  pay  the  same:  provided,  that  a  record  of  such 
approval  shall  be  made  in  the  proceedings  of  the  board:  and  a  war- 
rant on  the  county  treasurer  shall  be  drawn,  signed  by  the  chair- 
man of  the  board  and  countersigned  by  the  clerk  thereof,  payable 
to  the  person  entitled  to  receive  such  money,  and  stating  on  its  face 
the  purpose  or  service  for  which  it  is  to  be  paid,  and  that  such  war- 
rant is  drawn  in  pursuance  of  an  order  entered  by  the  board  on 
the day  of . 

Thirteenth.  To  perform  such  other  duties  as  shall  be  prescribed 
by  the  State  Board  of  Education  or  are  imposed  by  other  parts  of 
this  chapter. 

Fourteenth.  To  report  on   any  matter  when   required  by  the 


39 

division  superintendent  of  schools,  and  on  or  before  the  first  day 
of  August  of  each  year  to  make  a  report  for  the  school  year  closing 
on  the  thirtieth  day  of  June  preceding  on  all  subjects  embraced 
in  the  blank  forms  supplied  by  the  Superintendent  of  Public  In- 
struction. 

Fifteenth.  County,  city,  or  district  school  boards  and  coun- 
ties, cities,  towns,  and  districts  may  make  appropriations  to  non- 
sectarian  schools  of  manual,  industrial,  or  technical  training,  or  to 
any  school  or  institution  of  learning  owned  or  exclusively  con- 
trolled by  such  county,  city,  town,  or  school  district,  or  by  such 
county,  city,  or  district  school  boards.  Said  boards  may  also  pro- 
vide for  the  introduction  of  manual  or  industrial  training  and  other 
special  branches  into  any  public  school. 

48.  School  districts;  to  be  numbered  or  named  and  recorded.— 
School  districts  in  each  county  shall  be  numbered  or  named  by  the 
division  superintendent  of  schools  thereof,  and  the  name  or  number 
and  boundaries  thereof  shall  be  recorded  in  the  office  of  the  clerk 
of  the  circuit  court,  and  shall  be  reperted  to  the  Superintendent 
of  Public  Instruction  and  be  filed  in  his  office.     (Code,  Sec.  1467) 

49.  Bounds  of  district;  when  towns  may  constitute  separate 
districts. — Each  magisterial  district  shall  constitute  a  separate  school 
district  unless  the  State  Board  of  Education  shall  provide  for  re- 
districting  any  county  where  the  interests  of  the  schools  require  it. 

A  town  of  more  than  five  hundred  inhabitants  may,  if  the  coun- 
cil of  such  town  so  elect,  be  constituted  a  single  school  district; 
and  such  council  shall  have  the  power  to  appoint  three  school 
trustees  to  serve  one,  two,  and  three  years,  respectively,  and  an- 
nually thereafter  it  shall  appoint  a  school  trustee  for  said  district 
to  serve  for  three  years:  provided,  that  in  all  cases  in  which  a 
school  district  includes  territory  outside  of  the  corporate  limits  of 
the  town  the  trustees  shall  be  appointed  by  the  school  trustee 
electoral  board  provided  for  in  section  fourteen  hundred  and  fifty 
of  this  chapter.  (Code,  Sec.  1469) 

50.  When  State  funds  paid  for  school  purposes  in  districts.— 
No  State  money  shall  be  paid  for  a  public  free  school  in  any  school 
district  until  there  is  filed  with  the  division  superintendent  a  writ- 
ten statement,  signed  by  the  chairman  and  clerk  of  the  board  of 
district  school  trustees,  certifying  that  the  school  has  been  kept  in 
operation  for  five  months  during  the  current  school  year,  or  that 
arrangements  have  been  made  which  will  secure  the  keeping  of  it 


40 

in  operation  that  length  of  time:  provided,  that  in  case  of  the  un- 
avoidable discontinuance  of  a  school  before  the  expiration  of  the 
time  required  the  State  Board  of  Education  shall  be  allowed  to 
relax  the  requirements  of  this  section  and  to  decide  the  case  on 
its  merits.  (Code,  Sec.  1491) 

51.  Claims  against  school  districts,  how  audited  and  warrants 
issued. — For  the  pay  of  public  free  school  teachers,  of  the  clerks 
of  boards  of  district  school  trustees,  the  cost  of  providing  school- 
houses  and  appurtenances  thereto  and  the  repairs  thereof,  school 
furniture  and  appliances,  necessary  text-books  for  children  attend- 
ing the  public  free  schools  in  cases  where  the  parent  or  guardian 
is  unable,  by  reason  of  poverty,  to  furnish  them,  treasurer's  com- 
missions, and  any  other  expense  attending  the  public  free  school 
system,  so  far  as  the  same  is  under  control  or  at  the  charge  of  the 
school  district  or  its  officers,  it  shall  be  necessary  first  to  obtain 
from  the  board  of  school  trustees  of  the  district  concerned  an  order 
approving  the  claim  and  directing  it  to  be  paid,  which  shall  be 
duly  recorded  in  the  proceedings  of  the  said  board;  whereupon 
a  warrant  shall  be  drawn,  signed  by  the  chairman  of  the  said  board 
and  countersigned  by  the  clerk  thereof,  payable  to  the  order  of 
the  person  entitled  to  receive  such  money,  and  stating  on  its  face 
the  purpose  or  service  for  which  it  is  to  be  paid  and  that  such 
warrant  is  drawn  in  pursuance  of  an  order  of  the  board.     (Code, 
Sec.  1517) 

SCHOOL    PROPERTY 

52.  School  property  of  district  to  vest  in  district  school  board. 

The  school  trustees  of  each  district  shall  constitute  the  district 
school  board,  and  shall  be  a  body  corporate  under  the  name  and 

style  of  the  "school  board  of district,  number ,  of  the 

county  of ,"  by  which  name  it  may  sue  and  be  sued,  con- 
tract and  be  contracted  with,  and  purchase,  take,  hold,  lease  and 
convey  school  property,  both  real  and  personal.  The  title  to  all 
school  property,  both  real  and  personal,  belonging  to  the  district, 
shall  vest  in  the  said  board.  (Code,  Sec.  1482) 

53.  How  donations  for  schools  in  districts  to  v«st. — When  any 
real  or  personal  property  is  given,  devised  or  bequeathed  to  any 
school  district  or  city  school  board  it  shall  be  vested  in  the  said 
school  district  or  city  school  board,  as  the  case  may  be,  and  shall 


41 

be  managed  and  applied  by  the  same  according  to  the  wishes  of 
the  donor  or  testator,  and  the  school  board  having  charge  of  the 
fund  or  property  shall,  in  addition  to  the  regular  settlements  which 
it  is  required  to  make  of  all  school  moneys  coming  into  its  hands, 
settle  annually  before  the  commissioner  of  accounts  of  its  county 
or  city,  so  far  as  the  management  of  the  property  so  bequeathed 
or  devised  is  concerned,  and  the  court  having  jurisdiction  shall 
have  the  right  to  compel  such  a  settlement  as  provided  in  section 
twenty-six  hundred  and  eighty  of  the  Code.  In  case-  of  any  change 
in  the  boundaries  of  any  district,  the  county  school  board  shall 
make  provision  for  continuing  the  fulfillment  of  the  purposes  of 
such  donor  or  testator,  as  far  as  practicable,  and  settlements  shall 
be  made  as  provided  for  above.  (Code,  Sec.  1483) 

54.  Title  to  real  estate  for  public  uses  to  be  approved  by  cir- 
cuit court;  appeal. — Whenever  it  shall  be  necessary  for  any  county,, 
district  school  trustees,  or  other  public  officers  of  the  county   hav- 
ing authority  for  the  purpose,  to  purchase  real  estate,  or  acquire 
title  thereto  for  public  uses,  the  contract  therefor  shall  be  in  writ- 
ing, and  the  evidence  of  title  be  submitted  to  the  circuit  court,  or 
to  the   judge  thereof  in  vacation,   for  approval,  which   approval 
shall  be  entered  of  record  by  the  clerk  of  the  court.    No  such  con- 
tract shall  be  valid  unless  and  until  the  title  to  such  real  estate 
be  thus  approved;  and  if  the  court  or  judge  refuse  to  approve  the-, 
same,  the  disapproval  shall  be  recorded  in  like  manner.     The  super- 
visors of  the  county,  or  any  five  citizens  thereof,  may,  by  motion,, 
appeal  of  right  from  the  decision  of  the  court  or  judge  to  the  su- 
preme court  of  appeals.     (Code,  Sec.  824) 

55.  Right  of  condemnation  given  school  districts  and  certain 
State  institutions. — If  the  court,   or  the  board  of  supervisors    of 
any  county,  the  council  of  any  city    or    town,     the     trustees     of 
any  school  district,  the    Institution    for    the     Deaf     and     Blind, 
any     of     the     State     hospitals,     the     University     of     Virginia, 
the     Virginia     Military     Institute,      or     any     other     institution 
of  this  State,  cannot,  because  of  the  incapacity  of  the  owner    or 
inability  to  agree  upon  a  price  or  terms,  or  because  the  owner  can- 
not, with  reasonable  diligence,  be  found  in  this  State,  or  is  unknown,, 
agree  on  terms  of  purchase  with  those  entitled  to  any  land,  build- 
ings,  structures,  sand,   earth,    gravel,    water,    or    other    material 
necessary  to  be  taken  and  used  for  the  purposes  of  such  county, 
-city,  or  town,  or  school   district,  or  for  the  purposes  of  the  In- 


42 

/stitution  for  the  Deaf  and  Blind,  or  of  any  such  State  hospital, 
or  of  the  University  of  Virginia,  or  of  the  Virginia  Military  In- 
stitute, or  of  any  other  State  institution,  it  may  acquire  the  same  by 
condemnation  under  the  provisions  of  this  act,  and  the  proceedings 
in  all  such  cases  shall  be  according  to  the  provisions  of  this  act 
^o  far  as  they  can  be  applied  to  the  same.  (Code,  Sec.  1105f,  cl.  25 

56.  Condemnation  and  purchase  of  land  for  school-houses. — If, 
in  the  judgment  of  the  district  school  board,  the  public  interests 
demand  that  a  school-house  be  located  on  a  particular  spot  and 
no  equitable  arrangements  for  its  purchase  prove  to  be  practica- 
ble, the  board  of  trustees  shall  be  authorized,  and  it  shall  be  its 
duty,  to  cause  the  desired  parcel  of  land  to  be  surveyed  by  the 
county  or  other  competent  surveyor,  and  a  plat  of  the  same  to  be 
filed,  together  with  a  general  statement  of  the  case,  with  the  clerk 
of  the  circuit  court;  and  thereupon,  on  application  of  the  district 
school  board,  the  same  proceedings  shall  be  had  as  are  prescribed 
by  the  laws  relating  to  the  exercise  of  the  right  of  eminent  domain: 
provided,  that  no  parcel  of  land  thus  condemned  shall  exceed  one 
acre  in  a  town  or  five  acres  in  the  county:  provided    further,  that 
no  dwelling,  yard,  garden,  or  orchard  shall  be  invaded,  nor  in  an 
unincorporated  town  any  space  within  one  hundred  feet  of  a  dwell- 
ing, nor  in  the  country  any  space  within  four  hundred  yards  of 
a  mansion  house,  without  the  consent  of  the  owner. 

Whenever  it  shall  be  necessary  for  any  county  or  district  school 
board,  or  other  public  officers  of  the  county  having  authority  for 
the  purpose,  to  purchase  real  estate  or  acquire  title  thereto  for 
public  uses,  the  contract  therefor  shall  be  in  writing,  and  the  evi- 
dence of  title  be  submitted  to  the  circuit  court,  or  to  the  judge 
thereof  in  vacation,  for  approval,  which  approval  shall  be  entered 
of  record  by  the  clerk  of  the  court.  No  such  contract  shall  be 
valid  unless  and  until  the  title  to  such  real  estate  be  thus  ap- 
proved; and  if  the  court  or  judge  refuse  to  approve  the  same,  the 
.disapproval  shall  be  recorded  in  like  manner.  (Code,  Sec.  1488) 

SCHOOL-HOUSES 

57.  Construction  of  school-houses;  condemnation  of  unsuitable 
buildings. — No  school-house  shall  be  contracted  for  or  erected  until 
the  site,  location,  plans,  and  specifications  therefor  shall  have  been 
-submitted  to  and  approved  in  writing  by  the  division  superinten- 


43 

dent  of  schools,  whose  action  in  each  case  shall  be  reported  by  him 
to  the  State  Board  of  Education;  and  no  public  school  shall  be  al- 
lowed in  any  building  which  is  not  in  such  condition  and  provided 
with  such  conveniences  as  are  required  by  a  due  regard  to  decency 
and  health ;  and  when  a  school-house  appears  to  the  division  super- 
intendent of  schools  to  be  unfit  for  occupancy,  it  shall  be  his  duty 
to  condemn  the  same  and  immediately  to  give  notice  thereof  in 
writing  to  the  chairman  of  the  district  school  board,  and  thence- 
forth no  public  school  shall  be  held  therein,  nor  shall  any  part  of 
the  State  or  county  fund  be  applied  to  support  any  school  in  such 
house  until  the  division  superintendent  shall  certify,  in  writing,  to 
the  district  school  board  that  he  is  satisfied  with  the  condition  of 
such  building  and  with  the  appliances  pertaining  thereto.  (Code, 
Sec.  1489) 

58.  Regulating  the  construction  of  public  school  buildings  in 
order  that  the  health,  sight  and  comfort  of  all  pupils  may  be  prop- 
erly protected.— The  State  Board  of  Inspectors  for  public  school 
buildings  shall  not  approve  any  plans  for  the  erection  of  any  school 
building  or  room  in  addition  thereto  unless  the  same  shall  pro- 
vide at  least  fifteen  square  feet  of  floor  space  and  two  hundred  cubic 
feet  of  air  space  for  each  pupil  to  be  accommodated  in  each  study 
or  recitation  room  therein,  and  no  such  plans  shall  be  approved 
by  said  board  unless  provision  is  made  therein  for  assuring  at 
least  thirty  cubic  feet  of  pure  air  every  minute  per  pupil,  and  the 
facilities  for  exhausting  the  foul  and  vitiated  air  therein  shall  be 
positive  and  independent  of  atmospheric  changes.  All  ceilings  shall 
be  at  least  twelve  feet  in  height. 

2.  All  school-houses  for  which  plans  and  detailed  statements 
shall  be  filed  and  approved  by  said  board,  as  required  by  law,  shall 
have  all  halls,   doors,   stairways,  seats,  passage  ways,   and  aisles, 
and  all  lighting  and  heating  appliances  and  apparatus,  arranged  to 
facilitate  egress  in  cases  of  fire  or  accidents,   and  to  afford  the 
requisite  and  proper  accommodations  for  public  protection  in  such 
cases.   'All  exit  doors  in  any  school-house  of  two  or  more  stories 
in  height  shall  open  outwardly.    No  staircase  shall  be  constructed 
except  with  straight  runs,  changes  in  direction  being  made  by  plat- 
forms.    No  doors  shall  open  immediately  upon  a  flight  of  stairs, 
but  a  landing  at  least  the  width  of  the  doors  shall  be  provided  be- 
tween such  stairs  and  such  doorway. 

3.  All  school-houses    as  aforesaid    shall  provide  for  the  admis- 
sion of  light  from  the  left,  or  from  the  left  and  rear  of  the  pupils, 


44 

and  the  total  light  area  must  be  at  least  twenty-five  per  centum 
of  the  floor  space. 

4.  Every  school  board  shall  provide  at  least  two  suitable  and 
convenient  out-houses  or  water-closets  for  each  of  the  school-houses 
under  its  control;  unless  the  said  school-houses  have  suitable,  COD 
venient  and  sanitary  water-closets  erected  within  same,  said  out 
houses  or  water-closets  shall  be  entirely  separated,  each  from  the 
other,  and  shall  have  separate  means  of  access.    School  boards  shall 
see  that  said  outhouses  or  water-closets  are  kept  in  a  clean   and 
wholesome  condition.     (Acts  1908,  page  266) 

59.  Authorizing  the  State  Board  of  Health  to  adopt,  promul- 
gate and  enforce  rules  and  regulations  for  the  betterment  and  pro- 
tection of  the  public  health  of  the  State  of  Virginia.— Be  it  enacted 
by  the  General  Assembly  of  Virginia,  That  the  State  Board  of  Health 
shall  have  the  power  to  make,  adopt,  promulgate  and  enforce  rea- 
sonable rules  and  regulations  from  time  to  time  requiring  and  pro- 
viding for  the  thorough  sanitation  and  disinfection  of  all  passenger 
cars,  sleeping  cars,  steamboats,  and  other  vehicles  of  transporta- 
tion in  this  State,  and  also  of  all  convict  camps,  penitentiaries,  jails, 
hotels,  schools,  and  other  places  used  by  or  open  to  the  public;  to 
provide  for  the  care,  segregation  and  isolation  of  persons  having, 
or  suspected  of  having,  any  communicable,  contagious  or  infectious 
disease;  to  regulate  the  method  of  disposition  of  garbage  or  sew- 
erage and  any  like  refuse  matter  in  or  near  any  incorporated  town, 
city,  or  unincorporated  town  or  village  of  this  State;  to  provide 
for  the  thorough  investigation  and  study  of  the  causes  of  all  dis- 
eases, epidemics  and  otherwise  in  this  State,  and  the  means  for  the 
prevention  of  contagious  disease,  and  the  publication  and  distribu- 
tion of  such  information  as  may  contribute  to  the  preservation  of 
the  public  health  and  the  prevention  of  disease ;  to  make  separate 
orders  and  rules  to  meet  any  emergency,  not  provided  for  by  general 
rules  and  regulations,  for  the  purpose  of  suppressing  nuisances 
dangerous  to  the  public  health  and  communicable,  contagious  and 
infectious  diseases  and  other  dangers  to  the  public  life  and  health: 
provided,  however,  that  nothing  herein  contained  shall  be  construed 
as  in  any  wise  preventing  or  restricting  any  person  so  segregated 
or  isolated  from  choosing  his  own  method  of  treatment,  or  in  any 
wise  limiting  any  diseased  person  in  his  right  to  choose  or  select 
whatever  method  or  mode  of  treatment  he  may  believe  to  be  the 
most  efficacious  in  the  cure  of  his  ailment:  provided,  however,  that 
nothing  herein  contained  shall  be  construed  as  in  any  wise  limiting 


46 

any  duty,  power  or  powers  now  possessed  by  or  heretofore  granted 
to  the  said  State  Board  of  Health  by  the  statutes  of  this  State,  or 
as  affecting,  modifying  or  repealing  any  rule  or  regulation  hereto- 
fore adopted  by  said  board. 

2.  That   any  person   who   shall  violate,   disobey,  refuse,   omit 
or  neglect  to  comply  with  any  rule  of  said  State  Board  of  Health, 
made  by  it  in  p  ursuance  of  this  act,  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  punished  in  the  manner  pro- 
vided by  law. 

3.  Provided,  however,  that  nothing  herein  contained  shall  ap- 
ply to  any  railroad   or  sleeping  car  company  whose  system  of  sani- 
tation and  disinfection  of  its  cars  is  approved  by  the  State  Board 
of  Health.     (Acts  1910) 

60.  Rules  and  regulations  of  State  Board  of  Health  concerning 
sanitation  of  schools. — Rule  9.  Every  building  used  for  school  pur- 
poses, public  or  private,  shall  comply  with  the  State  law  regarding 
the  amount  of  cubic  space  per  pupil  and  amount  of  fresh  air  to  be 
supplied.  (Chapter  56  V,  Acts  1908) 

The  air  in  any  school-room  at  all  times  shall  be  kept  in  a  whole- 
some condition,  and  exercises  shall  be  suspended  as  often  as  neces- 
sary in  order  to  renew  the  air  in  any  room  the  ventilation  of  which 
is  defective. 

Rule  10.  No  school-room  shall  be  swept  except  after  all  school 
exercises  have  been  concluded  for  the  day. 

The  floor  of  no  school -room  shall  be  swept  without  first  having 
been  sprinkled  with  water  or  covered  with  damp  sawdust  or  damp 
paper. 

All  sweepings  shall  be  removed  daily  from  the  school-room. 

The  furniture  and  woodwork  of  every  school  building  shall  be 
wiped  down  with  an  approved  disinfectant  solution  at  least  once 
each  month,  and  shall  be  wiped  with  a  damp  cloth  at  least  once 
each  week. 

Rule  11.  Every  room  used  for  school  purposes,  public  or  pri- 
vate, shall  be  furnished  at  all  times,  when  in  use,  with  an  adequate 
supply  of  drinking  water  of  good  sanitary  quality.  This  shall  be 
running  water  wherever  same  is  available.  If  running  water 
is  not  available  a  tank  or  cooler  shall  be  supplied,  furnished  with  a 
spigot;  or  a  dipper  shall  be  supplied,  which  shall  be  used  only  for 
dipping  the  water  from  such  tank  or  cooler. 

In  addition  to  the  dipper  there  shall  be  furnished  a  cup  or  glass 
to  be  used  only  for  drinking,  and  which  shall  not  be  used  for  dip- 


46 

ping1  water  from  the  tank  or  bucket  or  any  other  purpose.  The  con- 
tents of  every  receptacle  for  drinking  water  must  be  renewed  fresh 
every  morning,  and  every  receptacle,  dipper,  cup.  or  glass  shall  be 
well  washed  every  morning  and  scalded  with  boiling  water  at  least 
once  each  week. 

Rule  12.  Every  building  used  for  public  school  purposes  shall  be 
furnished  with  two  closets,  one  for  males  and  one  for  females,  sepa- 
rated as  far  as  possible  from  each  other  and  so  arranged  as  to  give 
the  greatest  possible  privacy  to  persons  using  same. 

Buildings  to  which  water  and  sewerage  are  available  shall  be 
provided  with  water  closets  and  connected  with  the  sewerage  sys- 
tem. Where  water  and  sewerage  are  not  available,  buildings  shall 
be  provided  with  dry  closets,  built  and  maintained  in  accordance 
with  the  standard  given  in  these  regulations  on  dry  closets.  Such 
closets  shall  be  at  all  times  maintained  in  a  clean  and  sanitary  con- 
dition. (Adopted  by  State  Board  of  Health  July  13,  1910) 

61.  District  not  to  receive  funds  until  it  provides  school-houses, 
and  so  forth. — No  school  district  shall  receive  any  part  of  the  county 
or  State  funds  until  it  has  made  proper  provision  for  school-houses, 
furniture,  apparatus,  text-books  for  the  indigent  children,  and  all 
other  means  and  appliances  needful  for  the  successful  operation  of 
the  schools.     (Code,  Sec.  1490) 

62.  Authorizing  county  school  boards  in  the  State  to  loan  to 
the  district  school  boards. — 1.  Be  it  enacted  by  the  General  Assem- 
bly of  Virginia,  That  where  any  county  school  board  in  this  State 
is  possessed  of  funds,  derived  by  gift  or  devise,  the  said  county 
school  board  is  authorized  to  loan  to  the  school  districts  in  their 
respective  counties  a  sum  of  money,  not  exceeding  one  thousand 
dollars,  for  the  purpose  of  building  school-houses  in  said  district, 
the  amount  to  be  loaned  to  be  proportioned  according  to  school 
population  in  each  district,  so  that  one  district  may  not  obtain  a 
greater  proportion  than  another ;  and  the  said  district  school  board 
is  authorized  to  execute  and  deliver  to  the  county  school  board 
their  obligation  for  any  amount  so  borrowed.     The  money  so  bor- 
rowed shall  be  expended  by  district  school  boards  in  building  such 
school-houses  as  their  sound  discretion  may  decide  upon.  (Acts  1908, 
page  335) 

63.  Authorizing  the  several  school  boards  of  the  school  districts 
to  borrow  money  belonging  to  the  literary  fund. — 1.  Be  it  enacted 
by  the  General  Assembly  of  Virginia,  That  an  act  entitled  "an  act 
to   authorize  the  several   school  boards  of  the   school   districts   in 


47 

this  State  to  bornnv  money  belonging  to  the  literary  fund  for  cer- 
tain purposes  and  to  authorize  the  loan  of  said  funds  to  such  dis- 
trict," approved  March  fifteenth,  nineteen  hundred  and  six,  be 
amended  and  re-enacted  to  read  as  follows : 

§  1.  Be  it  enacted  by  the  General  Assembly  of  Virginia,  That 
the  State  Board  of  Education  be,  and  it  is  hereby,  authorized  to 
loan  to  the  school  boards  of  the  school  districts  and  cities  in  this 
State  making  application  therefor  money  belonging  to  the  literary 
fund  and  in  hand  for  investment  for  the  purpose  of  erecting  school- 
hovises  in  such  districts  and  cities,  on  the  terms  and  conditions 
hereinafter  set  forth  and  subject  to  such  rules  and  regulations  as 
may  be  promulgated  by  the  said  board. 

§  2.  The  several  school  boards  in  this  State  as  aforesaid  are 
hereby  authorized  to  borrow  money  belonging  to  the  said  literary 
fund,  and  the  district  or  city  school  board  desiring  to  borrow  a 
part  of  said  fund  shall  make  written  application  to  the  State  Board 
of  Education  and  shall  set  forth  therein  (one)  the  amount  of  the 
proposed  loan;  (two)  the  plans  and  specifications,  estimated  cost, 
and  location  of  the  building  to  be  erected;  and  (three)  facts  show- 
ing the  advisability  of  erecting  the  same. 

§  3.  Upon  the  approval  of  the  State  Superintendent  of  Public 
Instruction  of  the  plans  and  specifications  for  and  the  location  of 
the  proposed  building  and  of  the  making  of  the  loan,  the  State 
Board  of  Education  may,  in  its  discretion,  make  such  loan:  pro- 
vided, that  no  such  loan  for  any  one  building  shall  exceed  the 
sum  of  ten  thousand  dollars,  nor  shall  it  exceed  fifty  per  centum 
of  the  cost  of  the  same,  and  no  loan  shall  be  made  to  aid  in  the 
erection  of  a  building  to  cost  less  than  two  hundred  and  fifty  dol- 
lars. 

§  4.  All  loans  not  exceeding  three  thousand  dollars  shall  bear 
interest  at  the  rate  of  four  per  centum  per  annum,  payable  annually 
on  the day  of—  — ;  the  principal  thereof  shall  be  pay- 
able in  fifteen  annual  instalments,  and  shall  be  evidenced  by  bonds 
or  notes  payable  to  the  Commonwealth  of  Virginia  for  the  benefit 
of  the  literary  fund,  executed  or  signed  by  the  chairman  of  the 
school  board  of  each  district  and  attested  by  the  clerk  thereof. 
Payments  of  interest  and  principal  shall  be  made  to  the  State  Treas- 
urer through  the  Second  Auditor,  and  evidences  of  debt  taken  for 
such  loans  shall  be  deposited  with  Second  Auditor  and  kept  by 
him. 


48 

§  5.  The  school  board  borrowing  funds  under  the  provisions 
of  this  act  shall  request  the  board  of  supervisors  or  the  councils 
of  their  respective  counties  or  cities  or  towns  to  cause  a  district 
tax  to  be  levied  sufficient  to  meet  its  liabilities  on  such  contract; 
and  in  the  event  that  such  board  shall  fail  to  pay  any  instalment 
of  interest  or  principal  promptly,  then,  upon  notice  in  writing  to 
that  effect  from  the  Second  Auditor  or  from  the  State  Superinten- 
dent of  Public  Instruction,  the  county  or  city  treasurer  or  other 
person  having  the  custody  of  the  district  funds  of  such  district 
shall  pay  to  the  State  Treasurer,  through  the  Sec6nd  Auditor,  any 
such  past  due  instalment  of  interest  or  principal  out  of  any  district 
funds  in  his  hands  belonging  to  the  district  or  school  board.  The 
failure  of  the  school  board  of  a  district  or  city,  or  the  board  of 
supervisors,  or  the  council  of  a  city  or  town,  to  provide  for  the  pay- 
ment of  such  loan  shall  be  deemed  a  cause  for  removal  from  office. 

§  6.  Before  making  any  loan  under  this  act,  the  State  Board 
of  Education  shall  be  satisfied  that  the  school  district  or  board 
borrowing  the  fund  has  a  good  and  sufficient  title  in  fee  to  the  real 
estate  on  which  the  proposed  building  is  to  be  erected,  and  that 
the  same  is  free  from  incumbrances,  and  shall  take  proper  measures 
to  secure  the  expenditures  of  the  money  for  the  purpose  for  which 
it  is  loaned. 

§  7.  The  Board  of  Education,  by  reasonable  rules  and  regula- 
tions, shall  provide  for  an  equitable  distribution  of  the  funds  loaned 
under  this  act  amongst  the  several  school  districts  and  sections 
of  the  State. 

§  8.  The  said  several  school  boards  or  districts  of  the  State 
making  application  therefor  may  borrow  money  belonging  to  the 
literary  fund,  if  it  shall  seem  wise  to  the  State  Board  of  Education 
to  grant  the  loan  in  any  particular  case  or  cases,  to  the  extent  of 
ten  thousand  dollars  for  any  one  building:  provided,  that  all  loans 
under  this  section  of  this  act  shall  boar  interest  at  the  rate  of  five 
per  centum  per  annum,  payable  annually,  on  all  amounts  loaned  in 
excess  of  three  thousand  dollars  as  aforesaid,  and  the  principal 
thereof  shall  be  payable  in  fifteen  annual  instalments;  but  the 
provisions  of  the  preceding  sections  of  this  act  shall  apply  to  said 
loans  except  as  modified  in  this  section,  but  in  no  event  shall  more 
than  fifty  per  centum  of  the  cost  of  the  building  be  loaned,  and  the 
local  authorities  shall  keep  the  building  insured  for  benefit  of  the 
literary  fund.  There  shall  also  be  a  specific,  lien  upon  the  prop- 


49 

erty  upon  which  any  loan  is  made  under  this  section  for  the  pay- 
ment of  said  instalments  of  interest  and  principal,  and  the  State 
Board  of  Education  shall  not  make  any  such  loan  in  any  case  in 
which  the  payment  of  said  loan  would  entail,  in  its  judgment,  too 
heavy  a  charge  upon  the  local  revenues  of  the  board  or  district. 

For  the  purpose  of  providing  a  fund  for  making  the  loans  pro- 
vided for  in  this  section,  the  said  Board  of  Education  may  convert 
the  present  securities  of  the  literary  fund  into  cash,  if  it  shall  deem 
it  wise  and  expedient  so  to  do,  to  an  extent  not  greater  than 
one  hundred  thousand  dollars  per  annum. 

2.  There  being  a  number  of  school-houses  awaiting  completion, 
an  emergency  is  declared  to  exist,  and  this  act  shall  be  in  force 
from  its  passage.  (Acts  1908,  page  106) 

64.  Authorizing  schoo1  boards  of  the  several  school  districts  in 
the  counties  of  this  State  to  borrow  money  and  to  issue  bonds  for 
the  purpose  of  erecting  and  furnishing  school-houses,  and  to  pro- 
vide for  the  payment  of  such  bonds  and  the  interest  to  accrue 
thereon. — 1.  Be  it  enacted  by  the  General  Assembly  of  Virginia, 
That  an  act  entitled  an  act  to  authorize  school  boards  of  the  sev- 
eral school  districts  in  the  counties  of  this  State  to  borrow  money 
and  to  issue  bonds  for  the  purpose  of  erecting  and  furnishing  school- 
houses,  and  to  provide  for  the  payment  of  such  bonds  and  the  in- 
terest to  accrue  thereon,  approved  March  fifteenth,  nineteen  hun- 
dred and  six,  as  amended  by  an  act  approved  February  the  twen- 
ty-fifth, nineteen  hundred  and  eight,  be  amended  and  re-enacted 
so  as  to  read  as  follows: 

§  1.  Be  it  enacted  by  the  General  Assembly  of  Virginia,  That 
whenever  the  school  board  of  any  school  district  in  any  of  the  coun- 
ties of  this  State  shall,  by  resolution  duly  spread  upon  the  minutes 
of  the  proceedings  of  such  board,  declare  that  an  additional  school- 
house  or  school-houses  are  necessary  to  provide  additional  public 
school  facilities  for  the  children  of  school  age  in  such  district,  and 
the  school  funds  of  such  district  will  not 'be  sufficient  to  provide 
such  additional  school  building  or  buildings,  and  to  furnish  the 
same,  and  the  statement  of  facts  contained  in  the  resolution  of 
such  school  board  shall  be  confirmed  and  approved  by  resolution 
of  the  board  of  supervisors  of  the  county  wherein  such  school  dis- 
trict is  located,  the  school  board  of  any  such  district  may,  when 
authorized  by  a  vote  of  a  majority  of  the  qualified  voters  of  any 
such  district  voting,  as  hereinafter  provided,  borrow  money  for 


60 

the  purpose  of  erecting  a  school-house  or  school-houses  therein  and 
for  furnishing  the  same,  and  may  issue  either  registered  or  coupon 
bonds  for  the  sums  of  money  so  borrowed;  the  said  bonds  to  be 
payable  at  a  period  not  exceeding  thirty  years  after  their  date,  and 
to  be  made  redeemable  at  the  option  of  any  such  school  board  at 
such  time  after  their  date  as  may  be  specified  in  the  bonds,  and  such 
bonds  shall  bear  interest  at  a  rate  not  exceeding  six  per  centum  per 
annum,  payable  either  annually  or  semi-annually,  as  the  school  boar(f 
may  prescribe:  provided,  that  no  such  bonds  shall  be  sold  for  less 
than  their  par  value,  and  that  at  no  time  shall  the  aggregate  amount 
of  bonds  issued  and  outstanding  in  any  school  district  exceed  sev- 
enteen per  centum  of  the  aggregate  assessed  value  of  the  real  estate 
located  in  such  school  district. 

§  2.  That  the  said  bonds  shall  be  of  such  form  and  denomina- 
tion as  the  school  board  of  any  such  school  district,  by  resolution 
spread  upon  the  minutes  of  the  board,  may  precsribe,  and  shall 
be  signed  by  the  chairman  and  attested  by  the  secretary  of  the 
board,  and  there  shall  be  a  lien  upon  the  school  property  erected 
and  procured  with  the  proceeds  of  the  sale  of  any  such  bonds  for 
the  payment  of  the  principal  thereof  and  the  interest  to  accrue 
thereon ;  and  if  it  shall  be  so  stated  on  the  face  of  the  bonds,  there 
shall  be  a  lien  on  all  the  school  property  of  the  school  district  is- 
suing and  selling  the  same  for  the  payment  of  the  principal  thereof 
and  the  interest  to  accrue  thereon. 

§  3.  That  the  proceeds  realized  from  the  sale  of  any  such  bonds 
issued  under  the  provisions  of  this  act  shall  not  be  used  for  any 
other  purpose  than  that  of  erecting  school  buildings  and  furnish- 
ing the  same. 

§  4.  That  no  bonds  shall  be  issued  under  the  provisions  of  this 
act  unless  authorized  by  a  vote  of  the  majority  of  the  qualified 
voters  of  the  school  districts  proposing  to  issue  the  same  voting  at 
a  special  election  to  be  ordered  and  held  as  hereinafter  provided. 

§  5.  When  the  resolutions  of  the  school  board  and  board  of 
supervisors  shall  be  certified  to  the  circuit  court  of  the  county  in 
which  any  such  school  district  is  located,  together  with  the  loca- 
tion of  the  school-house  or  school-houses  to  be  erected,  with  the 
plans,  specifications,  and  estimated  cost  thereof,  approved  by  the 
division  school  superintendent  and  the  Superintendent  of  Public 
Instruction,  the  said  court  shall  order  a  special  election  to  be  held 
in  any  such  district  at  such  time  and  after  such  notice  (which 


51 

shall  not  be  less  than  two  weeks)  as  the  court  may  prescribe  by 
order  entered  upon  its  minutes,  to  pass  upon  the  question  whether 
such  bonds  shall  be  issued  or  not  for  the  amount  recommended 
by  the  school  board  of  such  district.  And  the  clerk  of  the  court 
shall  give  the  notice  required  by  the  court  of  such  special  election 
by  publication  in  some  newspaper  of  the  county  in  which  such 
school  district  is  located,  and  if  there  be  no  newspaper  published 
in  such  county,  then  in  a  newspaper  published  in  some  adjoining 
county,  or  nearby  city  or  county,  and  by  having  the  same  posted 
by  the  sheriff  of  the  county  in  at  least  ten  conspicuous  points  in 
any  such  school  district,  which  said  notice  shall  state  the  amount 
of  bonds  to  be  issued,  the  purpose  of  the  proposed  issue  thereof, 
and  whether  the  said  bonds  shall  be  a  lien  on  all  the  property  in 
the  district  or  a  part  thereof.  The  clerk  and  sheriff  of  the  county 
shall  each  receive  for  their  services  hereunder  two  dollars,  to  be 
paid  out  of  the  county  treasury. 

§  6.  The  board  of  supervisors  shall  prepare  the  tickets  and  all 
other  necessary  details  for  such  special  election,  and  shall  pay  the- 
expenses  thereof  out  of  the  funds  of  the  county,  and  any  such  elec- 
tion shall  be  conducted  and  held  in  like  manner  as  regular"  elec- 
tions, and  the  laws  of  the  State  applying  to  general  elections  shall 
apply  to  such  special  elections,  except  as  hereinafter  provided,  and 
the  judges  and  clerks  of  the  regular  elections  in  said  district  shall 
be  the  judges  and  clerks  in  any  such  special  election,  and  shall 
receive  the  same  compensation;  and  the  voting  precincts  in  any 
such  district  for  general  elections  shall  also  be  the  same  for  any 
such  special  elections. 

§  7.  The  judges  and  clerks  of  such  special  elections  shall  can- 
vass the  vote  and  certify  the  same  to  the  county  clerk  in  the  same 
manner  as  required  by  law  in  general  elections,  and  on  the  second 
day  following  such  special  elections  it  shall.be  the  duty  of  the 
county  clerk,  the  Common  wealth's  attorney,  and  the  commissioner 
of  the  revenue,  who  are  hereby  constituted  a  board  of  canvassers 
for  that  purpose,  to  meet  in  the  clerk's  office  of  said  county  and 
to  canvass  the  returns  of  such  special  elections,  and  to  certify  the 
results  ascertained  by  them  to  the  board  of  supervisors  of  the  county, 
who  shall  spread  the  same  upon  the  minutes  of  the  board,  and 
when  this  shall  have  been  done,  if  no  notice  of  contest  of  said  elec- 
tion shall  have  been  filed  within  ten  days  after  said  election,  the 
certificates  of  the  canvassing  board  hereby  created  shall  be  con- 


52 

elusive  of  the  legality  and  regularity  of  said  special  election  and 
of  the  result  thereof. 

§  8.  All  registered  voters  of  any  such  school  district  who  were 
qualified  by  law  to  vote  in  the  last  preceding  general  election  shall 
be  qualified  to  vote  in  any  such  special  election. 

§  9.  From  the  school  levies  of  any  such  school  district  there 
shall  be  paid,  as  it  matures,  the  interest  on  the  bonds  hereby  author- 
ized, and  there  shall  be  set  aside  annually,  as  a  sinking  fund,  such 
a  sum  as  will  provide  for  the  payment  of  the  principal  when  it 
matures.  Such  sinking  fund  shall  be  invested  in  the  bonds  hereby' 
authorized,  or  in  such  other  securities  as  the  said  board  may,  with 
the  approval  of  the  division  superintendent  of  schools  for  said 
county,  select.  The  said  school  board  shall  annually  report  to  the 
board  of  supervisors  of  the  county  the  amount  of  the  debt  outstand- 
ing and  the  amount  and  condition  of  the  sinking  fund. 

§  10.  This  act  shall  not  be  construed  to  repeal  or  amend  any 
special  acts  passed  by  this  or  any  previous  General  Assembly  al- 
lowing or  authorizing  any  school  district  in  this  State  to  borrow 
money  and  to  issue  bonds  therefor.  (Acts  1908,  page  103) 

65.  Division  of  school  districts  into  subdistricts ;  for  govern- 
ment and  administration  of  same ;  for  additional  school  tax  therein ; 
and  for  appointment  of  school  directors,  providing  for  their  terms 
of  office,  powers,  duties,  et  cetera.— First.  That  in  due  time,  before 
the  opening  of  the  schools  in  the  year  nineteen  hundred  and  seven, 
or  in  any  year  thereafter  following  the  adoption  of  this  act  by 
any  county,  it  shall  be  the  duty  of  each  district  school  board 
throughout  the  State,  in  each  county  in  which  this  act  may  be 
adopted,  as  hereinafter  provided,  to  determine,  by  specified  bounda- 
ries, what  shall  be  the  area  to  be  attached  to  each  school-house  for 
a  primary  school  for  white  children,  and  to  each  school-house  for  a 
primary  school  for  colored  children  in  the  respective  districts 
throughout  the  district,  or  in  any  part  thereof.  These  areas  shall 
be  called  subdistricts,  and  their  boundaries  and  numbers  may  be 
changed  from  time  to  time,  at  the  discretion  of  the  district  board, 
but  both  in  establishing  and  altering  the  boundaries  of  such  sub- 
districts  such  board  shall  be  governed  by  the  provisions  of  section 
one  thousand  five  hundred  and  three  of  the  Code  of  Virginia  as 
amended.  The  subdistricts  for  the  white  children  shall  be  renum- 
bered with  cardinal  numbers,  and  the  subdistricts  for  the  colored 
children  shall  be  lettered  with  capital  letters,  the  letters  being 
further  distinguished  by  cardinal  numbers  each  time  the  letters 


53 

of  the  alphabet  are  exhausted,  as  A-one,  B-one,  et  cetera,  A-two, 
B-two,  et  cetera;  whereupon  the  district  school  board  shall  re- 
cord these  actions  on  its  minutes  and  certify  a  copy  of  same  to 
the  clerk  of  the  county,  who  shall  record  same  in  his  office  in  a 
separate  book,  which  he  shall  provide  at  the  expense  of  the  county 
school  fund  for  the  purpose.  The  subdistricts  for  white  and  colored 
children,  respectively,  shall  be  considered  as  separate  subdistricts, 
although  the  territories  may  overlap  each  other,  for  all  the  pur- 
poses and  in  the  construction  and  application  of  this  act,  and 
only  white  persons  shall  vote  in  the  meetings  of  subdistricts  for 
white  persons,  and  only  colored  persons  shall  vote  in  meetings  of 
subdistricts  for  colored  persons. 

Second.  Whenever  it  may  be  found  necessary  for  the  conve- 
nience of  the  people,  a  subdistrict  may  be  made  to  include  portions 
of  two  or  more  school  districts,  or  portions  of  two  or  more  coun- 
ties. Every  subdistrict  thus  formed  shall  be  under  the  supervision 
of  the  district  school  board,  the  county  school  board,  and  the 
school  trustee  electoral  board  on  whose  territory  the  school-house 
is  situated.  When  it  is  desired  to  form  a  subdistrict  from  parts 
of  two  or  more  districts  in  the  same  county,  the  matter  shall  be 
considered  by  the  district  school  boards  of  the  districts  affected, 
and  on  their  mutual  agreement  the  boundary  lines  shall  be  estab- 
lished. But  in  case  these  boards  fail  to  agree,  either  one  of  the 
district  school  boards  affected  may  appeal  to  the  county  school 
board  of  the  county.  In  like  manner,  if  it  is  desired  to  form  a 
subdistrict  from  districts  belonging  to  different  counties,  the  boun- 
dary lines  may  be  established  by  the  mutual  agreement  of  the 
school  boards  of  the  districts  affected.  But  in  case  these  boards 
fail  to  agree,  either  one  of  the  district  school  boards  affected  may 
appeal  to  a  board  of  reference,  to  be  composed  of  the  division  school 
superintendent  or  superintendents  of  the  counties  affected,  together 
with  the  chairman  of  some  district  school  board  of  one  of  the 
counties  affected,  to  be  selected  by  this  superintendent  or  these 
superintendents,  and  the  decision  of  this  board  of  reference  shall 
be  final  both  as  to  establishing  such  subdistricts  and  as  to  subse- 
quent changes  therein.  Any  doubtful  question  as  to  the  loca- 
tion of  the  primary  school-house  in  such  subdistrict  contemplated 
by  this  act  shall  be  decided  in  the  same  manner  as  the  number 
of  subdistricts  and  the  question  of  boundary  lines;  and  no  action 
under  this  section  shall  become  final  until  the  same  is  approved 

"DnVkli/i    Tn o+T«-n <rH r»n 


54 

Third.  No  children  from  beyond  the  limits  of  a  sub  district 
•shall  be  received  into  the  school  therein  except  such  as  bring  a 
^special  written  permit  issued  and  signed  by  the  school  directors 
of  subdistrict.  The  school  directors  of  the  subdistricts  may  grant 
such  permits,  and  to  children  from  other  subdistricts,  but  only  to 
such  children  as  have  their  tuition  and  other  expenses  to  the  sub- 
-district  fully  provided  for,  by  agreement  with  the  school  directors 
from  whose  territory  such  children  come,  or  by  being  paid  for 
privately  to  the  subdistrict:  provided,  that  the  privileges  of  the 
-children  residing  in  the  subdistrict  shall  in  no  wise  be  interfered 
with  injuriously  by  the  admission  of  children  outside  the  bounda- 
ries of  such  subdistrict. 

Fourth.  As  soon  as  practicable  after  the  approval  of  the  State 
Superintendent  of  Public  Instruction  of  the  subdistricts,  the  dis- 
trict boards  of  the  districts  in  which  such  subdistricts  are  lo- 
cated, respectively,  shall,  after  fifteen  days'  notice,  posted  at  every 
postoffice  in  the  district,  appoint  and  call  a  meeting  of  all  persons 
having  the  right  to  vote  at  subdistrict  meetings  as  hereinafter  pro- 
vided, at  some  convenient  place  in  each  subdistrict,  for  the  organi- 
zation of  such  subdistricts,  respectively;  for  adoption  of  by-laws; 
for  election  of  school  directors  of  such  subdistricts;  and  for  such 
•other  purposes  as  may  be  lawfully  acted  upon  by  such  meetings. 
Fifth.  At  such  meetings  and  all  subsequent  subdistrict  meet- 
ings hereinafter  provided  for,  all  male  persons  qualified  to  vote 
for  members  of  the  General  Assembly  of  Virginia  residing  in  such 
subdistrict  and  who  are  assessed  with  school  taxes  shall  be  en- 
titled to  vote  upon  all  questions  concerning  such  subdistrict  school 
affairs;  and  any  person  entitled  to  vote  at  any  such  meeting  may 
136  chosen  thereby  as  a  school  officer  of  such  subdistrict. 

Sixth.  At  such  organization  meetings,  respectively,  a  chairman 
shall  be  chosen  by  a  majority  vote  of  the  meeting.  The  chairman 
shall  appoint  a  secretary.  It  shall  be  the  duty  of  the  clerk  of  the 
•district  school  board  of  the  district  in  which  such  subdistrict  is 
located  to  furnish  the  meeting  in  question  with  a  copy  of  this  act 
(the  same  to  be  furnished  to  him  by  the  Superintendent  of  Public 
Instruction),  and  such  act  shall  either  be  read  to  the  meeting  or 
the  substance  thereof  explained  to  the  same  by  the  chairman.  This 
being  done,  the  secretary  shall  make  a  list  of  all  persons  present 
entitled  to  vote.  If  it  be  ascertained  that  less  than  one-fourth  of 
the  persons  of  the  subdistrict  entitled  to  vote  are  present,  the 
meeting  shall  be  adjourned  from  time  to  time  until  at  least  such 


55 

one-fourth  in  number  of  such  persons  are  in  attendance.  Such 
attendance  of  one-fourth  in  number  of  such  persons  shall  be  neces- 
sary for  the  transaction  of  business  in  this  organization  meeting 
and  in  all  subsequent  meetings  hereinafter  provided  for. 

Seventh.  When  it  shall  be  ascertained  that  the  meeting  is  law- 
fully constituted  to  transact  business,  it  shall  then  proceed  to 
adopt  by-laws  to  define  and  provide  for  the  manner  of  calling 
future  subdistrict  meetings,  annual  and  special;  what  person  shall 
preside  over  the  same;  the  proceedings  thereat;  the  method  of  vot- 
ing, except  that  all  voting  at  this  and  all  subsequent  meetings 
shall  be  by  written  ballots;  the  duties  of  the  officers  of  such  sub- 
district;  and  for  the  governing  of  other  matters  pertaining  to  the 
welfare  of  the  school  of  the  subdistrict  not  contrary  to  law.  The 
by-laws  may  be  changed  or  added  to  at  any  lawful  meeting  of  the 
subdistrict,  annual  or  special. 

Eighth.  The  officers  of  each  subdistrict  shall  be  three  school 
directors,  who  from  among  their  number  shall  choose  one  as  chair- 
man, another  as  treasurer,  and  another  as  clerk;  all  such  officers 
shall  hold  their  office  for  one  year,  or  until  their  successors  are 
chosen  and  qualify.  Before  entering  upon  their  terms  of  office 
such  officers  shall  take  the  oath  prescribed  by  section  eight  hun- 
dred and  twelve,  and  any  of  them  may  be  required  by  the  by-laws 
of  such  subdistricts  to  give  bond  in  the  penalty  and  with  the  surety 
prescribed  by  such  by-laws:  provided,  that  the  subdistrict  treas- 
urer shall  give  bond  of  the  form  prescribed  by  law  for  county 
treasurers  with  some  solvent  surety  company  doing  business  in 
the  State  as  surety  in  a  penalty  equal  to  double  the  amount  of 
the  total  subdistrict  school  levy  for  the  ensuing  year.  The  com- 
pensation of  such  officers,  respectively,  if  any,  shall  be  provided  for 
by  each  subdistrict  in  annual  meeting.  Any  two  of  such  school 
directors  shall  constitute  a  quorum  for  the  transaction  of  the  busi- 
ness of  their  board. 

Ninth.  The  school  directors  of  each  subdistrict  shall  constitute 
a  subdistrict  school  board,  and  shall  be  a  body  corporate  under 
the  name  and  style  of  the  "subdistrict  school  board  of  subdistrict 

number (or  letter) "  as  the  case  may  be,  "of  the  county  of 

,"  by  which  name  it  may  sue  and  be  sued,  contract   and  be 

contracted  with. 

Tenth.  The  first  election  of  officers  shall  be  at  said  organiza- 
tion meeting,  and  subsequent  elections  of  officers  shall  be  at  the 
annual  subdistrict  meetings.  Vacancies  occurring  between  annual 


66 

meetings  shall  be  filled  by  the  remaining  school  directors,  and  ap- 
pointments thus  made  shall  be  valid  until  the  next  subdistrict  meet- 
ing. Should  the  school  directors  not  be  elected  or  appointed  as 
above  provided,  the  district  school  boards  of  the  districts  in  which 
such  subdistricts  are  located,  respectively,  shall  make  the  appoint- 
ments. 

Eleventh.  It  shall  be  the  duty  of  the  secretary  of  the  meetings 
to  report  within  ten  days  thereafter  to  the  district  board  in  which 
such  subdistricts  are  located,  respectively,  the  names  of  the  sub- 
district  officers  chosen  and  also  such  other  action  as  may  be  taken 
by  such  meetings. 

Twelfth.  No  one  shall  be  chosen  a  school  director  who  is  una- 
ble to  read  and  write. 

Thirteenth.  Special  subdistrict  meetings  may  be  called  at  any 
time  by  the  subdistrict  school  board,  or,  on  application  in  writing 
of  any  ten  persons  entitled  to  vote  in  such  meetings  as  above 
provided,  the  chairman  of  such  subdistrict  board  may  call  any 
special  meeting. 

Fourteenth.  The  annual  subdistrict  meetings,  subsequent  to  the 
organization  meetings,  shall  be  held  during  the  month  of  May  of 
each  and  every  year,  and  other  special  meetings  at  such  times  as 
they  may  be  called,  as  above  provided.  Annual  and  special  meet- 
ings may  be  held  at  any  place  for  which  they  are  called  within 
the  subdistrict,  and  may  be  adjourned  from  time  to  time  to  any 
place  within  the  subdistrict.  A  majority  vote  of  those  present 
at  such  meetings,  annual  or  special,  provided  there  be  present  at 
least  one-fourth  of  the  persons  of  the  subdistrict  entitled  to  vote 
thereat  as  above  provided,  shall  be  decisive  of  all  questions  voted 
upon  thereat. 

Fifteenth.  If  the  officers  of  the  subdistrict  unreasonably  re- 
fuse to  call  a  subdistrict  meeting,  a  justice  of  the  peace  of  the  district 
in  which  such  subdistrict  is  located,  upon  application  of  ten  or 
more  persons  of  the  subdistrict  entitled  to  vote  at  the  meetings 
thereof,  as  above  provided,  may  call  such  meeting,  annual  or 
special,  by  a  warrant  under  his  hand,  directed  to  any  constable  of 
the  district,  if  any,  otherwise  to  any  person  applying  therefor, 
directing  same  to  summon  the  persons  entitled  to  vote  at  such 
meeting  as  above  provided  to  assemble  at  the  time  and  place  and 
for  the  purpose  expressed  in  the  warrant. 

Sixteenth.  The  division  superintendents  of  the  public  schools 
of  the  division  in  which  such  meetings  are  held,  respectively,  shall 


67 

be  entitled  to  be  present  at  any  of  said  meetings  and  take  part  in 
the  discussion  of  any  and  all  questions  and  to  give  advice  and  in- 
struction, but  shall  not  be  entitled  to  vote  thereat  by  virtue  of 
this  section. 

Seventeenth.  At  said  organization  meetings,  and  at  said  annual 
meetings   thereafter,    said    subdistricts,    respectively,    may,    unless 
the  county  and  district  school  tax  in  such  county  already  levied, 
as  may  be  otherwise  provided  by  law,  aggregates  five  mills  on  the 
dollar,   by  majority  vote,   which   shall  include  a  majority   of  the 
freeholders  of  such  subdistrict,  make,  grant,  and  vote  in  favor  of 
a  special  levy,  as  a  subdistrict  school  tax,  of  such  amount  as  they 
may  judge  necessary   (provided  the  aggregate  of  county,  district, 
and  subdistrict  school  taxation  shall  not  exceed  five  mills  on  the 
dollar)  for  the  further  support  of  the  public  schools  of  such  sub- 
district,  including  supplement  to  the  teachers'  salary  and  supple- 
ment to  the  expenses  of  furniture,  apparatus,  repairs,  fuel,  for  the 
salary  of  the  subdistrict  school  officers,  if  any,  and  for  all  other 
necessary  charges  affecting  the  efficiency  and  welfare  of  the  schools 
of  such  subdistricts,  respectively ;  and  such  vote  in  favor  of  such 
levy  shall  be  recorded  on  the  minutes  of  such  meeting,  and  a  copy 
of   such   minute   shall   be    certified   to    the   board   of   supervisors; 
whereupon  the  board  of  supervisors,  at  its  next  meeting  at  which 
it  lays  the  general  county  levy  for  the  ensuing  year,  shall,  in  ad- 
dition to  the  county  and  district  school  tax  otherwise  provided  for 
by  law,  levy  for  such  ensuing  year  such  subdistrict  school  tax  as 
may  have  been  voted  in  the  respective  school  subdistricts  of  the 
county,  and  provide  for  the  collection  of  the  same  in  accordance 
with   the   provisions    of   this    act;    which    action   of   the   board   of 
supervisors  shall  be  forthwith  certified  by  the  clerk  thereof  to  the 
clerks   of   the   respective   school   subdistricts   affected.     Thereupon 
the  clerk  of  said  subdistrict  school  board  shall,  in  a  book  kept  for 
the  purpose,  apportion  and  extend  such  levy,  against  the  owners  of 
all  property,  real  and  personal,  within  such  subdistrict,  and  other 
subjects  of  taxation  which  should  be  taxed  therein  as  herein  pro- 
vided,  which  may  be   assessed   against   such   owners  and   subjects 
of  taxation  upon  the  land  and  property  books  of  the  county  for 
the  current  year  and  at  the  valuation  fixed  by  such  books.     There- 
after   such  clerk  shall  make  off  from  such  book  kept  by  him  as 
aforesaid  tax  tickets  against  the  proper  persons  for  such  subdis- 
trict school  tax  levy,  and  place  them  in  the  hands  of  the  treas.- 


68 

•urer  of  such  sub  district  on  or  before  November  first  of  the  current 
year,  and  such  treasurer  shall  proceed  to  collect  the  same,  and  on 
all  such  tickets  not  paid  by  December  first  of  the  current  year 
there  shall  be  five  per  centum  of  the  amount  thereof  added  thereto. 
Said  school  subdistrict  treasurer,  for  the  collection  of  such  sub- 
district  school  taxes  shall  have  all  the  powers  of  distress  and  levy 
that  may  be  given  by  law  to  county  treasurers  for  the  collection 
•of  other  taxes;  and  each  such  tax  ticket  which  may  not  be  paid 
in  any  year  shall  be  attached  to  the  tax  ticket  rendered  against 
the  same  person  for  the  succeeding  year  or  years  until  paid,  and 
all  of  such  tax  tickets  shall  be  and  remain  in  date,  and  the  sub- 
district  treasurer  shall  have  the  same  power  from  year  to  year 
with  respect  to  the  collection  of  all  such  uncollected  tax  tickets  as 
he  may  have  with  respect  to  tax  tickets  for  the  current  year;  and 
such  respective  subdistrict  school  funds  shall  be  paid  out  by  the 
subdistrict  treasurer  thereof  upon  warrants  signed  by  the  chairman 
and  countersigned  by  the  clerk  of  such  subdistrict  board  of  the 
form  hereinafter  prescribed;  and  reports  shall  be  made  by  such 
treasurer  annually  to  the  subdistrict  annual  meeting,  and  settle- 
ment shall  be  made  by  such  treasurer  annually  preceding  such 
annual  meeting  with  the  subdistrict  school  board  with  respect  to 
mich  subdistrict  school  funds,  and  the  result  of  such  settlement  and 
the  levy  voted  at  each  annual  school  subdistrict  meeting  shall  be 
promptly  certified  by  the  clerk  of  such  subdistrict  board  to  the 
•school  board  of  the  county,  and  by  the  latter  certified  to  the  divi- 
sion superintendent  of  schools  along  with  the  estimates  provided 
for  in  section  fourteen  hundred  and  forty-seven.  Every  school 
subdistrict  treasurer,  on  going  out  of  office,  shall  deliver  to  his 
.successor  all  uncollected  tax  tickets,  books  and  papers  belonging 
ito  his  office,  and  all  money  belonging  to  his  school  subdistrict  fund, 
;and  such  successor  shall  have  the  same  powers  with  respect  to  the 
-collection  of  all  such  uncollected  tax  tickets  as  he  has  with  respect 
to  tax  tickets  for  the  current  year.  For  every  breach  of  any  con- 
dition of  the  bond  of  every  school  subdistrict  treasurer,  action 
shall  be  brought  at  the  relation  of  his  successor  (and  such  suc- 
cessor shall  institute  same  promptly  on  coming  into  office),  for  the 
benefit  of  the  school  subdistrict,  before  a  justice  of  the  peace,  if 
for  a  sum  not  exceeding  one  hundred  dollars,  and  if  for  a  sum  ex- 
ceeding that  amount,  then  in  the  circuit  court  of  the  county,  or 
-.the  same,  and  be  by  him  delivered  for  record  as  follows — that  is  to 


69 

days'  notice.  Upon  any  judgment  rendered  in  such  suit  or  motion 
a  writ  of  fieri  facias  may  issue,  which  shall  conform  in  all  re- 
spects to  writs  of  fieri  facias  issued  under  chapter  thirty  of  the 
Code  of  Virginia,  as  a'mended,  and  be  proceeded  with  in  the  same 
manner. 

The  school  directors  of  each  subdistrict  shall  also  have  the  fol- 
lowing powers  and  duties: 

la.  To  explain,  enforce,  observe,  and  to  make  rules  in  execu- 
tion of  the  by-laws  of  their  respective  subdistricts  and  supplement- 
ary thereto,  when  necessary,  for  the  government  of  the  schools  of 
their  respective  subdistricts. 

2a.  To  call  general  and  special  meetings  of  their  respective, 
subdistricts,  as  provided  for  by  the  by-laws  thereof  and  by  law. 

3a.  To  contract  with  the  teacher  of  the  school  of  their  subdis- 
tricts with  respect  to  the  supplement,  if  any,  such  subdistrict  is 
to  add  to  the  salary  of  such  teacher  in  addition  to  the  salary  paid 
same  from  the  State,  county,  and  district  school  funds;  and,  sub- 
ject to  the  rules  and  regulations  of  the  district  school  board  in 
which  said  subdistrict  is  located,  and  subject  also  to  said  by-laws, 
and  such  action  as  said  subdistrict  meetings  may  have  taken  with 
respect  thereto,  if  any,  to  contract  for  and  authorize  any  other  ex- 
penditures to  be  made  by  the  subdistrict  with  respect  to  the  sup- 
plement, if  any,  such  subdistrict  is  to  add  to  the  funds  provided 
from  the  State,  county,  and  district  school  funds,  for  the  expense 
of  furniture,  apparatus,  repairs,  fuel,  and  other  necessary  charges 
affecting  the  welfare  and  efficiency  of  such  schools;  and  to  provide 
for  payment  of  such  supplement  to  the  teacher's  salary  and  of 
such  expenditures,  including  the  pay  of  the  clerk  of  such'  subdis- 
trict board  of  school  directors,  and  of  the  school  directors  thereof, 
if  any,  as  fixed  by  the  next  preceding  annual  meeting  of  such  sub- 
district. 

4a.  To  examine  all  claims  against  the  subdistrict,  and,  when 
approved,  to  pay  the  same  by  warrants  drawn  on  the  subdistrict 
treasurer  signed  by  the  chairman  of  such  subdistrict  school  board 
of  directors  and  countersigned  by  its  clerk,  payable  to  the  person 
entitled  to  receive  such  money,  and  stating  on  its  face  the  purpose 
or  service  for  which  it  is  paid,  and  that  such  warrant  is  drawn  in 
pursuance  of  an  order  entered  by  the  board  of  school  directors  of 
the  subdistrict  in  question  (designating  same  plainly  by  proper 


60 

number  or  letter)  on  the  -  -  day  of  -  -  (designating  the  or- 
der). 

5a.  To  visit  the  school  of  their  respective  subdistricts  not  less 
than  once  each  month  throughout  the  school  'session  and  take  care 
that  it  is  conducted  according  to  law  and  with  the  utmost  efficiency. 
They  shall  also  do  what  they  can  to  secure  the  enrollment  and 
regular  attendance  of  children  at  school  and  to  promote  the  appre- 
ciation and  desire  of  education  among  the  people. 

6a.  To  determine  what  shall  be  the  length  of  school  session  in 
their  subdistricts,  respectively,  each  year,  in  addition  to  the  school 
session  which  is  authorized  by  other  proper  school  authorities,  for 
the  expenses  of  which  additional  length  of  session  the  subdistrict 
shall  be  responsible. 

7a.  To  do  all  in  their  power  to  protect  and  improve  the  school 
property,  and  to  render  it  comfortable,  decent,  and  attractive.  They 
shall  also  support  and  counsel  the  teacher  and  do  what  they  can 
to  secure  justice  and  harmony  among  all  concerned. 

8a.  To  report  any  matter  required  by  the  said  division  superin- 
tendent of  schools  at  any  time  called  upon. 

9a.  To  perform  such  other  duties  as  may  be  prescribed  by  the 
State  Board  of  Education  or  which  may  be  imposed  by  law. 

Eighteenth.  This  act  shall  not  interfere  with  the  duties  and 
authority  of  the  division  superintendent  of  schools  in  respect  to 
teachers  and  schools N  as  heretofore  provided  by  law.  Nor  shall 
this  act  be  considered  as  applicable  to  cities  or  towns  set  off  as 
separate  school  districts  having  more  than  one  primary  public 
school,  except  that  such  city  or  town  districts  are  hereby  empow- 
ered to  extend  their  lines  beyond  the  corporate  limits  so  as  to  em- 
brace the  children  in  the  suburbs  when  the  district  school  boards 
of  the  districts  which  may  be  affected  thereby  shall  agree  upon 
the  same.  And  in  case  of  disagreement  the  matter  shall  be  deter- 
mined by  appeal,  as  hereinbefore  provided;  and  where  new  lines 
have  been  established  for  school  districts  the  apportionment  of 
school  money  to  the  school  districts  shall  be  made  to  conform  to 
such  change. 

Nineteenth.  It  shall  be  the  duty  of  the  State  Board  of  Educa- 
tion to  make  all  such  rules  and  regulations  as  may  be  needed  for 
carrying  into  effect  the  provisions  of  this  act. 

Twentieth.  Any  State  superintendent  of  public  instruction, 
clerk,  district  school  trustee,  division  superintendent  of  schools  or 


6] 

subdistrict  school  officer  failing  or  refusing  to  comply  with  the  pro- 
visions of  this  act  shall,  upon  conviction,  be  deemed  guilty  of  a 
misdemeaner,  and  be  punished  by  a  fine  of  not  less  than  fifty  and 
not  exceeding  one  thousand  dollars. 

Twenty-first.  This  act  shall  apply  to  those  counties,  and  only 
to  those,  in  which  it  may  be  adopted  after  due  consideration  by  the 
county  school  boards  thereof,  respectively:  provided,  ithat  the 
county  school  board  of  any  county  in  which  this  act  shall  be 
adopted  as  aforesaid  may,  if  in  its  judgment  the  operation  of  the 
same  is  injurious  to  the  interests  of  education,  apply  to  the  State 
Board  of  Education  for  relief  to  the  county  from  the  provisions  of 
the  act,  and  the  said  board  shall  have  power  to  grant  such  re- 
lief. (Code,  Sec.  1470) 

SCHOOL-    OFFICERS 

66.  Officers  and  teachers  not  to  have  pecuniary  interest  in  books, 
and  so  forth,  supplied  to  schools;  exceptions;  not  to  discount  war- 
rant.— First.  No  member  of  the  State  Board  of  Education,  nor  any 
division  superintendent  of  schools,  nor  school  trustee,  nor  any 
other  school  officer,  nor  any  teacher  of  a  public  free  school,  shall 
have  any  pecuniary  interest,  directly  or  indirectly,  in  any  contract 
for  building  a  public  free  school-house  or  in  furnishing  material 
to  a  contractor  for  building  such  school-house,  or  in  supplying  books, 
maps,  school  furniture  or  apparatus  to  the  public  free  schools  of 
this  State,  or  act  as  agent  for  any  author,  publisher,  bookseller,  or 
dealer  in  any  such  school  furniture  or  apparatus,  directly  or  in- 
directly, receive  any  gift,  emolument,  reward,  or  promise  of  reward, 
for  his  influence  in  recommending  or  procuring  the  use  of  any 
book,  map,  school  furniture,  or  apparatus  of  any  kind  in  any  public 
free  school  of  this  State.  Any  school  officer  or  teacher  who  shall 
violate  this  provision,  besides  being  removed  from  his  post,  shall 
be  subject  to  a  penalty  of  not  less  than  ten  nor  more  than  five  hun- 
dred dollars.  Exception  to  the  requirements  of  this  section  may 
be  made  by  the  State  Board  of  Education  in  the  case  of  a  school 
officer  or  teacher  being  the  author  of  any  school  book  or  map,  or 
the  inventor  of  school  furniture  or  apparatus,  in  which  case  the  State 
Board  of  Education  may,  in  its  discretion,  make  specific  arrange- 
ments whereby  such  school  officer  or  teacher  may,  if  his  book,  map, 
or  invention  be  adopted  by  the  proper  authority,  enjoy  the  benefits 


62 

of  the  proceeds  thereof  without  offence:  provided,  that  no  unfair 
advantage  be  allowed  over  other  competitors  in  securing  the  adop- 
tion of  the  book,  map,  or  invention.  Exceptions  shall  also  be  made 
in  the  case  of  a  merchant  who,  in  the  regular  course  of  trade  and 
without  employing  agents  to  solicit  such  business,  sells  either  books 
selected  and  adopted  by  the  State  Board  of  Education  or  supplies 
used  in  the  schools  and  by  the  pupils. 

Second.  It  shall  not  be  lawful  for  any  member  of  a  school 
board,  or  any  officer  of  the  public  free  schools,  or  any  firm  in 
which  said  trustee  or  officer  is  interested,  or  any  agent  of  such 
trustee  or  officer,  to  be  concerned  in  any  contract  with  a  public 
free  school  board  or  a  committee  of  such  school  board  for  any 
work  or  labor  ordered  to  be  done,  or  for  goods,  wares,  or  merchan- 
dise or  supplies  of  any  kind  ordered  by  a  school  board  or  a  commit- 
tee of  such  school  board,  except  as  provided  in  first  subdivision  of 
this  section.  It  shall  be  unlawful  for  any  such  trustee  or  officer  to 
sell,  convey,  or  deliver  any  goods,  wares,  merchandise,  or  supplies 
of  any  kind  to  a  school  board  or  a  committee  of  such  board,  or 
to  receive,  directly  or  indirectly,  any  profit  or  emolument  from  any 
contract  with,  or  sale  to,  such  board  or  a  committee  thereof,  except 
as  provided  in  this  section.  If  any  such  contract  or  sale  shall 
be  made  it  shall  be  void,  and  if  such  claim  or  bill  be  paid,  the  amount 
paid,  with  interest,  may  be  recovered  by  the  county  or  district 
within  two  years  after  payment  by  action  or  motion  in  the  circuit 
court  having  jurisdiction  over  said  county  or  district. 

Third.  It  shall  be  unlawful  for  any  county,  district,  or  school 
officer,  school  trustee,  or  corporation  officer  in  this  Commonwealth 
to  acquire  by  purchase,  at  less  than  its  face  value,  directly  or  in- 
directly, express  or  implied,  any  warrant  or  other  evidence  of  in- 
debtedness issued  by  any  board  of  supervisors  or  any  common 
council  or  hoard  of  aldermen  of  any  county,  city  or  town  in  this 
Commonwealth,  or  any  warrant  or  claim  issued  by  any  of  the  pub- 
lic free  school  officers  or  school  boards  of  this  State  for  the  pay 
of  teachers,  or  the  building  of  school-houses,  or  purchase  of  school 
books,  school  furniture,  or  apparatus.  Any  such  officer  or  trustee 
violating  the  provisions  of  this  section  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by  a 
fine  of  not  less  than  twenty  dollars  nor  more  than  five  hundred 
dollars,  and  in  the  discretion  of  the  jury  may  be  imprisoned  in  the 
county  or  corporation  jail  not  more  than  six  months;  and  the 


63 

judge  of  every  circuit  and  corporation  court  in  this  Commonwealth 
shall  give  this  law  specially  in  charge  to  every  grand  jury  em- 
paneled therein.  (Code,  Sec.  1472) 

67.  Delivery  of  records,  and  so  forth,  to  successors.— All  school 
officers   going   out   of  office   shall   deliver  to   their  successors   the 
records  and  all  official  papers  belonging  to  the  office.     In  case  of 
the  refusal  or  failure  of  any  officer  to  do  so,  on  demand  by  his  suc- 
cessor, he  shall  forfeit  not  less  than  twenty-five  nor  more  than  one 
hundred  dollars  therefor,  and  a  like  penalty  for  each  month  dur- 
ing which  he  shall  persist  in  withholding  the  same.     (Code,  Sec. 
1473) 

68.  Penalties   on  officers   and  teachers.— Any   division   super- 
intendent of  schools,  school  trustee,  or  other  school  officer,  or  any 
teacher  in  a  public  school,  who  shall,  by  malfeasance  or  neglectr 
offend  against  the  provisions  of  this  chapter,  if  no  other  specific 
penalty  be  prescribed,  shall  be  subject  to  a  fine  of  not  less  than 
five  nor  more  than  fifty  dollars  for  each  offence.  (Code,  Sec.  1474) 

69.  Disposition  of  penalties;  how  sued  for. — All  penalties  and 
forfeitures  imposed  by  the  school  law  upon  a  division  superinten- 
dent or  a  county  treasurer  of  the  county,  and  all  penalties  imposed 
upon  the  school  trustees  or  other  district  school  officers,  or  upon  teach- 
ers, shall  be  for  the  benefit  of  the  literary  fund.    The  suit  for  such 
penalties  shall  be  in  the  name  of  the  Commonwealth,  and  if  prose- 
cuted in  a  court  of  record  it  shall  be  the  duty  of  the  attorney  for 
the  Commonwealth  for  the  county  to  conduct  the  same.     It  shall 
also  be  the  duty  of  the  attorney  for  the  Commonwealth,  and  any 
school  officer  of  the  county,  or  of  any  school  district,  as  the  case- 
may  be,  to  set  such  prosecution  on  foot:  provided,  that  if  a  penalty 
shall  be  inflicted  for  any  such  offence  by  any  of  the  school  authori- 
ties, in  pursuance  of  the  school  law,  the  party  shall  not  be  a  second 
time  subjected  to  a  penalty  therefor.     (Code,  Sec.  1475) 

70.  Removal  of  officer  from  office;  proceedings  therefor.— The 
circuit  courts  of  counties  and  the  corporation  courts  of  corpora- 
tions shall  have  power  to  remove  from  office  all  county,  city,  and 
district  officers  elected  or  appointed  for  their  respective  counties, 
cities,  and  districts  for  malfeasance,  misfeasance,  incompetency,  or 
gross  neglect  of  official  duty:  provided    however,  that  such  power 
to  remove  the  clerk  of  a  court  shall  be  vested  only  in  the  court  of 
which  he  is  clerk:  provided    further,  that  nothing  in  this  section 
shall  be  construed  to  interfere  with  any  power  vested  in  the  mayor 
of  any  city  by  section  one  hundred  and  twenty,  article  eight,  of  the 


64 

Constitution  of  the  State,  or  to  repeal  any  provision  of  the  charter 
of  anjr  city,  or  any  ordinance  in  pursuance  of  such  charter,  for  the 
removal  of  any  of  its  officers.  All  proceedings  under  this  section 
shall  be  by  order  of,  or  on  motion  before,  the  proper  court  upon 
reasonable  notice  to  the  officer  to  be  affected  thereby;  and  such 
officer  shall  have  the  right  to  demand  a  trial  by  jury,  except  in 
cases  where  the  officer  is  an  appointee.  (Code,  Sec.  821) 

71,  Form  of  general  oath. — Every  person,  before  entering  upon 
the  discharge  of  any  function  as  an  officer  of  this  State,  shall  take 
and  subscribe  the  following  oath:     "I,  -  — ,  do  solemnly 
swear  (or  affirm)  that  I  will  support  the  Constitution  of  the  United 
States,  and  the  Constitution  of  the  State  of  Virginia  ordained  by 
the  convention  which  assembled  in  the   City  of  Richmond  on  the 
twelfth  day  of  June,  nineteen  hundred  and  one,  and  that  I  will 
faithfully  and  impartially  discharge  and  perform  all  the  duties  in- 
cumbent upon  me  as  -             -  according  to  the  best  of  my  ability. 
So  help  me  God."     (Code,  Sec.  168) 

72,  Form  of  oath  against  duelling  where  disabilities  not  re- 
moved.— He  shall  also  at  the  same  time,  unless  his  disabilities  shall 
have  been  removed  by  the  General  Assembly,  take  and  subscribe 
the  following  oath:     "I  swear  that  I  have  not,  while  a  citizen  of 
this  State,  since  the  tenth  day  of  July,  nineteen  hundred  and  two, 
fought  a  duel  with  a  deadly  weapon,  or  sent  or  accepted  a  chal- 
lenge to  fight  a  duel  with  a  deadly  weapon,  either  within  or  beyond 
the  boundaries  of  this  State,  or  knowingly   conveyed  such   chal- 
lenge, or  aided  or  assisted  in  any  manner  in  fighting  such  duel: 
and  that  I  will  not  fight  a  duel  with  a  deadly  weapon,  or  send  or 
accept  a  challenge  to  fight  a  duel  with  a  deadly  weapon,  either 
within  or  beyond  the  boundaries  of  this  State,  or  knowingly  con- 
vey such  challenge,  or  aid  or  assist  in  any  manner  in  fighting  such 
duel,  during  my  continuance  in  office.     So  help  me  God."     (Code, 
Sec.  169) 

73,  Where  the  fact  of  oaths  having  been  taken  is  recorded.— 
When  a  person  elected  or  appointed  to  any  office  or  post  takes  the 
oaths  required  of  him  in  a  court  of  record,  a  transcript  from  the 
record  of  the  court,  stating  the  fact  of  their  having  been  taken, 
and  when  he  takes  such  oath  before  a  judge    or  other  person,  a 
certificate  of  the  person  administering  the  same,  stating  the  fact 
of  their  having  been  taken,   shall  be  obtained  by  the  person  taking 
the  same,  and  be  by  him  delivered  for  record  as    follows — that    is    to 


65 

say :  When  the  oaths  are  taken  by  the  Governor,  Lieutenant- Gover- 
nor, Attorney-General,  Secretary  of  the  Commonwealth,  State  Treas- 
urer, Superintendent  of  Public  Instruction,  Commissioner  of  Agri- 
culture and  Immigration,  State  Assayer  and  Chemist,  mem- 
bers of  the  State  Corporation  Commission,  Librarian  and 
Commissioner  of  the  State  Hospitals  for  the  Insane,  either 
of  the  officers  mentioned  in  sections  two  hundred  and  twenty- 
three,  two  hundred  and  thirty-two,  two  hundred  and  thirty-three, 
or  forty-one  hundred  and  sixty,  or  a  commissioner  appointed  by 
the  Governor,  the  record  shall  be  on  the  journal  of  the  executive; 
when  taken  by  any  of  the  clerks  mientioned  in  the  fourth,  fifth,  and 
sixth  subdivisions  of  section  one  hundred  and  eighty-three,  it  shall 
be  in  the  office  of  that  officer  by  whom  the  clerk  may  have  been  ap- 
pointed; when  taken  by  a  judge,  the  record  shall  be  in  the  first 
court  in  which  he  sits;  when  taken  by  any  officer  appointed  by  or 
belonging  to  a  court,  it  shall  be  in  the  said  court  or  in  such  other 
as  prescribed  by  law;  in  the  case  of  a  member  or  officer  of  either 
house  of  the  General  Assembly,  the  record  shall  be  on  the  journal 
of  the  house,  or  in  such  other  manner  as  the  house  may  prescribe 
by  its  rules. 

And  in  the  case  of  any  other  officer,  unless  it  be  otherwise  pro- 
vided, the  record  shall  be  in  the  court  of  the  county  or  corporation 
in  which  the  duties  are  to  be  discharged;  or,  if  his  duties  are  not 
to  be  discharged  wholly  in  one  county  or  corporation,  then  in  the 
court  of  the  county  or  corporation  in  which  such  officer  resides. 
(Code,  Sec.  175) 


74.  Teachers  to  hold  certificate  of  qualification. — Every  teacher 
of  a  public  free  school  shall  hold  a  certificate  in  full  force,  issued 
or   approved   by   the   division    superintendent   prior   to   July   first, 
nineteen  hundred  and  six,  or  after  that  date  to  be  issued  by  the 
State  Board  of  Examiners   and  Inspectors   and  approved  by  the 
superintendent  of  schools  for  the  division  within  which  such  teacher 
is  to  be  employed.     (Code,  Sec.  1476) 

75.  To  pay  teachers  in  the  public  schools  of  Virginia  without 
requiring  average  attendance  of  pupils.— The  pay  of  a  teacher  in 
the  public  schools  of  this  State  shall  not  be  governed  by  the  daily 
average  attendance  of  pupils,  provided  the  average  attendance  of 
pupils  exceeds  ten.     (Code,  Sec.  1480a) 


66 

76.  Relief  of  school  teachers. — In  cases  where  the  monthly  sal- 
ary of  a  public  free  school  teacher  has  been  reduced  in  consequence 
of  a   lower   average   attendance   of  pupils   during   any   month   or 
months  of  the  school  term  than  the  average  required  by  law,  and 
it  further  appears  from  the  term  report  that  the  average  attend- 
ance of  pupils  during  any  month  or  months  of  the  school  term 
has  been  above  that  required  by  law,  then  such  teacher  shall  be 
entitled  to  a  compensation  per  capita  at  the  rate  specified  in  the 
contract  to  the  extent  to  which  the  excess  in  the  average  attend- 
ance above  the  required  average  makes  up  for  the  deficiency  there- 
in: provided,  that  in  no  case  shall  the  whole  amount  of  salary  al- 
lowed exceed  the  maximum  salary  specified  in  the  teacher's  writ- 
ten contract.     Warrants  for  such  amounts  as  may  be  shown  by 
the  term  report  to  be  due  shall  be  issued  and  paid  in  the  manner 
prescribed  by  law  for  issuing  and  paying  other  warrants  for  teach- 
ers'  salaries.      (Code,   Sec.   1480b) 

77.  To  keep  register  and  deliver  same  at  close  of  term  to  clerk. 
Every  teacher  in  a  public  free  school  shall  keep  a  daily  register 
of  facts  pertaining  to  his  school  in  such  form  as  the  Superintendent 
of  Public  Instruction  shall  require,  and  shall  be  responsible  for  the 
safe  keeping  and  delivery  of  the  same  to  the  clerk  of  the  school 
board  at  the  close  of  the  school  term,  or  of  the  period  of  his  service, 
whichever  shall  first  happen.     (Code,  Sec.  1477) 

78.  Must  enter  into  written  contracts. — Written  contracts  shall 
be  made  by  the  district  school  board  with  all  public  free  school 
teachers,  in  a  form  to  be  prescribed  by  the  Superintendent  of  Pub- 
lic Instruction,  before  they  enter  upon  their  duties.    Such  contracts 
shall  be  signed  in  duplicate,  each  party  holding  a  copy.      (Code, 
Sec.  1478) 

79.  Providing  a  retirement  fund  for  public  school  teachers.— 
Any  person,  not  including  the  division  superintendents,  who  has 
taught  in  the  public  schools  of  this  State,  may  make  application  to 
be  retired  and  pensioned  under  the  terms  of  this  act,  provided  his 
case  comes  under  either  of  the  two  following  classifications: 

Class  "A"  shall  include  every  person  who  has  taught  in  the 
public  schools  of  this  State  an  aggregate  of  at  least  twenty  years 
and  who  has  maintained  a  good  record  and  by  reason  of  physical 
or  mental  infirmity  or  old  age  is  incapable  of  rendering  efficient 
service  as  a  teacher. 

Class  "B"  shall  include  every  person  who  has  taught  in  the 


67 

public  schools  of  this  State  for  an  aggregate  of  at  least  30  years- 
and  who  has  maintained  a  good  record  and  has  reached  the  age- 
of  58  years  if  a  man,  and  50  years  if  a  woman. 

The  State  Board  of  Education  is  authorized,  and  it  shall  be  its 
duty,  to  place  any  such  person  on  the  list  to  be  known  as  the  "re- 
tired teachers*  list,"  and  pay  him  a  pension  as  hereinafter  pro- 
vided, subject  to  the  exceptions  .and  restrictions  mentioned  here- 
in; and  a  careful  record  of  the  names  of  the  teachers  pensioned 
under  this  act  shall  be  kept  by  the  State  Board  of  Education. 

2.  No  applicant  under  Class  "A"  shall  be  pensioned  until   and 
unless   his  mental  or  physical  disability  is  shown  by  evidence  satis- 
factory both  to  the  State  Board  of  Health  and  the  State  Board  of 
Education,  and  either  of  the  said  boards  may  order  a  special  medi- 
cal examination  by  some  physician  appointed  by  it,  the  expenses, 
not  exceeding  five  dollars  in  each  case  of  the  said  special  examina- 
tion, to  be  borne  by  the  applicant,  unless  otherwise  directed  by 
the  State  Board  of  Education. 

3.  Any  person  in  either  class  retired  under  this  act  shall  have- 
deducted  from  the  first  year's  pension  an  .amount  equal  to  thirty 
per  centum  of  the  average  annual  salary  earned  by  such  person 
during  the  last  five  years  he  was  a  teacher  in  this  State   less  the 
amounts  already  contributed  to  the  pension  fund  by  such  person 
retired. 

All  money  so  deducted  shall  be  used  to  create  a  permanent  en- 
dowment for  the  retirement  fund,  and  only  the  income  shall  be 
used  in  paying  pensions  or  other  current  expenses. 

4.  The  fund;  whence  derived. — In  order  to  provide  a  fund  to 
pension  said  retired  teachers,  all  contracts  with  teachers  shall  pro- 
vide that  the  chairman  and  clerk  of  the  school  board,  or  other 
officers  whose  duty  it  is  to  pay  public  school  teachers,  shall  deduct 
monthly  from  the  salary  of  each  teacher  in  the  State  a  sum  equal 
to  one  per  centum  of  his  salary.    In  order  that  the  sum  so  deducted 
shall  be  promptly  covered  into  the  treasury  of  the  State,  it  shall 
be  the  duty  of  the  State  Board  of  Education  to  deduct  from  the 
annual  apportionment  on  account  of  the  appropriation  of  the  Gen- 
eral Assembly  and  the  accumulated  interest  on  the  investmeent& 
of  the  literary  fund  one  per  centum  of  the  total  amount  of  the  sala- 
ries of  the  teachers  of  each  county,  town,  or  city,  as  shown  by  the 
annual   report   of  the   division   superintendent   for  the  preceding 
year.     Should  the  salaries  of  the  teachers  for  the  current  year  ex- 


68 

ceed  the  salaries  paid  the  preceding  year,  then  the  State  Board  of 
Education  shall  deduct  for  the  succeeding  year  an  additional  amount 
sufficient  to  cover  said  excess,  it  being  the  intention  in  this  section 
of  the  act  to  provide  a  convenient  means  of  paying  the  pensions 
deducted  from  the  teachers'  salaries  into  the  State  treasury  without 
having  the  trouble  and  expense  of  many  small  remittances  from  a 
large  number  of  clerks  of  district  boards.  All  amounts  so  deducted 
and  received  shall  be  placed  by  the  State  Treasurer  to  the  credit 
of  the  fund,  to  be  called  the  "retired  teachers'  fund,"  and  an  accu- 
rate account  shall  be  kept  of  all  funds  so  received. 

5.  Appropriation. — The  sum  of  $5,000  per  annum  is  hereby  ap- 
propriated out  of  any  money  in  the  treasury  not  otherwise  appro- 
priated to   carry  into  effect  the  provisions  of  this  act.     The  said 
sum  shall  be  turned  over  to  the  State  Board  of  Education  and  de- 
posited as  aforesaid  with  the  State  Treasurer,  to  be  placed  to  tne 
credit  of  the  fund  created  by  section  four  of  this  act. 

6.  Legacies,  bequests,  and  so  forth. — All  legacies,  bequests,  and 
funds  derived  from  devises  for  the  benefit  of  the  teachers  under  this 
act  shall  be  paid  over  to  the  State  Board  of  Education  and  shall  be 
by  it  transferred  as  aforesaid  to  the  Treasurer  of  Virginia,  to  be 
placed  to  the  credit  of  the  fund  provided  for  in  section  four  or  seven 
•of  this  act,  as  may  be  proper  to  carry  out  the  terms  of  the  gift. 

All  money  belonging  to  this  fund,  from  whatsoever  source  de- 
rived by  the  State  Board  of  Education,  shall  be  paid  into  the  treas- 
ury of  the  State  through  the  office  and  upon  the  warrant  of  the 
Second  Auditor  of  Virginia. 

7.  The  State  Board  of  Education  shall  be  permitted  to  invest 
the  capital  and  unappropriated  income  of  the  said  "retired  teach- 
ers' fund,"  as  provided  in  the  eleventh  subdivision  of  section  four- 
teen hundred  and  thirty-three  of  the  Code,  with  all  the  powers  of 
investment  or  re-investment  granted  by  said  section.     And  all  se- 
curities belonging  to  said  fund  shall  be  deposited  with  the  Second 
Auditor  for  safe  keeping,  who  shall  return  with  his  annual  report 
a  list  thereof  with  a  statement  of  their  value. 

Only  the  income  of  the  funds  received  and  invested  under  this 
section  shall  be  used  in  paying  pensions  or  other  current  expenses. 

8.  What  pensions  to  be  paid. — The  State  Board  of  Education 
shall  quarterly,  on  the  first  day  of  January,  April,  July  and  Octo- 
ber of  each  year,  issue  its  warrant  on  said  fund,  signed  by  the 
president  and  secretary  of  said  board,  for  the  benefit  of  each  person 
whose  name  has  been  placed  on  said  list  for  the  quarter  immediately 


69 

preceding  the  time  of  payment  for  a  sum  equal  to  one-eighth  of 
the  average  annual  salary  earned  by  such  person  during  the  last 
five  years  he  was  a  teacher  in  the  public  schools  of  this  State.  The 
Second  Auditor  shall  issue  his  warants  to  said  persons  accord- 
ingly. In  no  event,  however,  shall  any  quarterly  pension  exceed 
the  sum  of  one  hundred  dollars:  provided,  that  any  person  whose 
average  annual  salary  during  the  last  five  years  he  was  a  teacher 
in  the  public  schools  of  this  State  equaled  or  exceeded  one  thousand 
dollars  may  receive  as  a  quarterly  pension  as  much  as  one  hun- 
dred and  twenty-five  dollars.  In  the  event  that  the  available 
funds  shall,  in  the  judgment  of  the  State  Board  of  Education,  upon 
a  prudent  and  equitable  appropriation  of  the  same,  for  any  quarter 
be  insufficient  to  pay  all  pensions  due  for  the  quarter  to  the  full 
amount  thereof,  then  the  same  shall  be  paid  pro  rata  according 
to  the  amount  of  money  that  is  available  as  aforesaid. 

9.  The  State  Board  of  Education  shall  see  that  proper  arrange- 
ments are  made  for  keeping  an  accurate  account  of  all  moneys  re- 
ceived, invested  or  disbursed  under  this  act,  and  the  Superintendent 
of  Public  Instruction  shall  include  a  full  statement  of  all  the  trans- 
actions of  said  fund  in  his  annual  or  his  biennial  report.    The  State 
Board  of  Education  shall  require  proper  and  sufficient  bonds  from 
the  person    or  persons    charged  with  the  management  or  custody 
of  said  funds,  except  in  the  cases  of  the  State  Treasurer  and  Second 
Auditor,  whose  official  bonds  shall  cover  the  said  funds,  for  the 
proper  application  of  which  they  and  the  sureties  on  their  official 
bonds  shall  be  liable. 

10.  Prior  to  January  1,  1911,  no  person  shall  be  placed  on  the 
"retired  teachers'  list"  under  Class  "A"  or  Class  "B"  unless  such 
person  shall  have  taught  at  least  one  session  in  the  public  schools, 
of  this  State  since  July  1,  1908;  after  January  1,  1911,  and  prior 
to  January  1,  1912,  no  person  shall  be  placed  on  said  list  unless 
such  person  shall  have  taught  at  least  two  sessions  since  July  1, 
1908 ;  after  January  1,  1912,  and  prior  to  January  1,  1913,  no  person 
shall  be  placed  on  said  list  unless  such  person  shall  have-  taught 
at  least  three  sessions  since  July  1,  1908;  after  January  1,  1913, 
and  prior  to  January  1,  1914,  no  person  shall  be  placed  on  the  pen- 
sion list  unless  such  person  shall  have  taught  at  least  four  sessions 
since  July  1,  1908;  and  after  January  1,  1914,  no  person  shall 
placed  on  the  pension  list  unless  such  person  shall  have  taught  at 
least  five  sessions  since  July  1,  1908:  provided,  that  the  provisions 
of  this  section  shall  not  apply  to   any  person  whose   apphcati. 
reached  the  State  Board  of  Education  prior  to  July  1,  1908. 


70 

10J.  Any  person  who  would  have  been  entitled  to  a  pension 

under  this  act  under  either  Class  "A"  or  Class  "B"  had  it  been  in 

force  prior  to  July  1,  1908,  and  subsequent  to  July  1,  1902,  and  who 

retired  either  voluntarily  or  on  account  of  physical  disability  from 

teaching  in  the  public  schools  prior  to  July  1,  1908,  and  subsequent 

to  July  1,  1902,  and  who  is  otherwise  qualified  under  the  provisions 

-of  this  act,  shall  receive  under  this  act  a  pension  equal  to  one-fourth 

of  the  average  salary  earned  by  such  person  in  teaching  a  public 

^school  during  the  last  five  years  of  his  service,  which  shall  be  paid 

.-as  other  pensions  are  paid  under  this  act,  and  all  other  provisions 

.affecting  other  pensioners  under  this  act  shall  apply  to  those  pen- 

-sioned  under  this  section. 

11.  The  State  Board  of  Education  shall  publish  annually  the 
retired  teachers'  list  in  the  Virginia  Journal  of  Education,  or  some 
Bother  paper  selected  by  it,  giving  the  name,  age,  and  quarterly  pen- 
sion of  each  person  on  said  list,  together  with  a  statement  of  the 
•class  under  which  he  is  retired. 

12.  In  the  interest  of  fairness  and  justice  to  all  parties,  the  de- 
ductions provided  for  in  section  three  of  this  act  shall  be  made  to 
apply  to  all  persons  whose  names  have  been  or  shall  be  placed  on 

tthe  "retired  teachers'  list"  prior  to  the  time  this  law  goes  into 
effect  under  such  rules  and  regulations  as  may  be  prescribed  by 
the  State  Board  of  Education. 

13.  The  State  Board  of  Education  is  authorized  to  make  such 
further  rules  and  regulations  as  are  necessary  to  carry  out  the  pur- 
poses, of  this  act. 

80.  May  suspend  pupils. — A   teacher  of  a  public  free  school 
may,  for  a  sufficient  cause,  suspend  pupils  from  attendance  on  the 
school  until  the  case  is  decided  by  the  board  of  school  trustees, 
which  shall  be  with  as  little  delay  as  possible:  provided,  that  in 
all   such   cases   of   suspension   the   teacher   shall   report   the   facts 
in   writing   to   the    district    school   board,    and   to    the   parent    or 
•guardian  of  the  child  suspended.     (Code,  Sec.  1479) 

81.  Meeting  of  teachers  to  be  encouraged;  summer  schools. — 
(First.  Teacher's  meetings. — County  or  district  school  boards 
ytnay  encourage  meetings  of  teachers  to  be  held  from  time  to  time 

/  in   any   county   or   school   district  under  such   regulations   as   the 

/    division  superintendent  of  schools  may  prescribe. 

Second.  Appropriation  for  summer  schools.- — A  sum  not  ex- 
ceeding five  thousand  dollars,  payable  out  of  any  amount  appro- 
priated out  of  the  general  fund  of  the  State  for  public  free  school 


71 

purposes,  may  be  used  annually  by  the  State  Board  of  Education 
for  the  establishment  and  maintenance  of  State  summer  schools 
for  the  better  equipment  of  the  teachers  in  the  public  schools  of 
this  State:  provided,  that  not  less  than  eight  such  summer  schools 
shall  be  held  annually  in  this  State. 

Third.  Purpose  of  summer  schools. — The  purpose  of  said  sum- 
mer schools  shall  be  to  familiarize  the  teachers  in  the  public 
schools  of  this  State  with  more  advanced  methods  of  teaching  and 
to  furnish  such  additional  academic  training  as  will  tend  to  pro- 
mote the  usefulness  of  the  public  schools. 

Fourth.  How  conducted. — The  said  summer  schools  shall  be 
conducted  under  the  general  management  of  the  State  Board  of 
Education,  and  shall  be  subject  to  the  supervision  of  the  Superin- 
tendent of  Public  Instruction,  who  shall  from  time  to  time  select 
the  places  of  holding  said  summer  schools,  the  instructors  thereof, 
and  regulate  the  course  of  instruction  to  be  pursued  therein. 

Fifth.  Terms  and  regulations. — The  said  summer  schools  shall 
be  held  for  a  period  of  not  less  than  four  weeks  in  each  year,  be- 
ginning on  such  day  or  days  in  the  summer  vacation  of  the  pub- 
lic schools  as  may  be  designated  by  the  Superintendent  of  Public 
Instruction.  The  sum  hereby  authorized  to  be  expended  shall  be 
applied  exclusively  to  the  payment  of  instructors  and  to  other 
necessary  expenses  incident  to  the  conduct  of  said  schools:  pro- 
vided, that  all  claims  for  services  of  instructors  and  other  neces- 
sary expenses  shall  be  submitted  to  and  approved  by  the  State 
Board  of  Education,  and  when  so  approved  shall  be  paid  by  war- 
rants of  said  board,  drawn  on  the  Second  Auditor,  and  a  separate 
account  of  the  receipts  and  disbursements  on  account  of  the  ap- 
propriation shall  be  kept  by  said  board.  (Code,  Sec.  1481) 

82.  Preference  to  be  given  to  graded  schools. — In  all  localities 
where  the   number   of   children   is   sufficient,   preference  shall  be 
given,  under  suitable  regulations,  to  the  establishment  of  graded 
schools.     (Code,  Sec.  1502) 

83.  What  to  be  taught  in  schools.— In  every  public  free  school 
shall  be  taught  orthography,   reading,  writing,   arithmetic,   gram- 
mar, geography,  physiology,  and  hygiene,  civil  government,  draw- 
ing,  history   of   the   United   States   and   history   of  Virginia.     In 
teaching   physiology    and   hygiene    approved   text-books    shall    be 
used  plainly  setting  forth  the  effects  of  alcohol  and  other  narcotics 
on  the  human  system,  and  such  effects  shall  be  as  fully  and  thor- 
oughly taught  as  are  other  branches  of  the  said  last  named  sub-, 


72 

jects.  Provision  shall  further  be  made  for  moral  education  ID- 
the  public  schools  to  be  extended  throughout  the  entire  course. 
Such  instruction  shall  be  imparted  by  reading  books  and  text- 
books inculcating  the  virtues  of  a  pure  and  noble  life.  The  text- 
books shall  be  selected  as  are  other  text-books  by  the  State  Board 
of  Education.  (Code,  Sec.  1497) 

84.  Provision  for  intermediate  grades  of  instruction. — For  the 
purpose  of  encouraging  an  intermediate  grade  of  instruction  be- 
tween that  of  the   grammar  school  and  that  of  the   college,   any 
county    school    board    or    any    district    school    board    may,    under 
regulations   to   be   prescribed   by   the   State   Board   of   Education, 
establish  and  maintain  schools  of  higher  grade,  or  in  any  public 
school  provide  for  instruction  in  any  branches  necessary  to  qualify 
pupils   to   teach   in   the  public   schools   or  to   enter  institutions   of 
higher   education:   provided   that   for   instruction   in    such   higher 
branches  the  board  may  require  a  fee,  to  be  paid  monthly  or  quar- 
terly in  advance,  not  to   exceed  two   dollars  and  fifty   cents  per 
month  for  each  pupil.     (Code,  Sec.  1498) 

85.  Higher  branches  not  to  interfere  with  elementary.— The 
establishment  of  such  schools  of  higher  grade  or  the  introduction 
of  such  higher  branches  shall  not  be   allowed  to   interfere  with 
regular  and  efficient  instruction  in  the  elementary  branches.  (Code, 
gee.  1499) 

86.  How  number  of  schools  regulated. — The  number  of  schools 
in  the  State  shall  be   according  to  the  funds   available,   and  for 
this  purpose  the  district  school  boards  are  authorized  to  provide 
for  the  consolidation   of  schools  and  the  transportation  of  pupils 
(Code,  Sec.  1503) 

87.  To  establish  and  maintain  a  system  of  public  high  schools 
and  to  appropriate  money  therefor. — First.  It  shall  be  lawful  for 
any  district  school  board  or  district  school  boards  to  establish  and 
maintain  a  public  high  school  at  such  place  as  may  be  both  most 
convenient  for  the  pupils  who  attend  and  most  conducive  to  the  pur- 
poses of  such  school:  provided,  that  the  high  school  may  be  con- 
ducted either  in  a  suitable  building  provided  for  that  purpose,  or  in 
the  same  building  with  one  of  the  graded  schools  of  the  district  in 
which  said  high  school  is  established,  but  no  State  funds  shall  be  ap- 
propriated under  this  act  for  high  school  purposes  until  provision 
has  been  made  to  maintain,  for  a  term  of  at  least  five  months  in  each 
year,  the  primary  and  grammar  school  of  the  district  or  districts  es- 
tablishing said  hiffh  school  in  such  county  or  counties. 


73 

Second.  Two  or  more  districts  in  the  same  or  adjoining  coun- 
ties may  unite  in  establishing  and  maintaining  a  joint  high  school 
under  the  provisions  of  this  act,  and  under  such  rules  and  regu- 
lations as  may  be  prescribed  by  the  State  Board  of  Education;  and 
the  said  board  shall  also  prescribe  the  requirements  for  admission 
to  such  high  school  and  the  conditions  on  which  properly  pre- 
pared pupils  residing  in  other  districts  may  attend  said  high 
school. 

Third.  The  superintendent  or  superintendents  of  any  division 
in  which  said  high  school  shall  be  established  shall  give  due  notice 
of  the  same  to  the  State  Board  of  Education,  and  before  any  State 
funds  shall  be  appropriated  for  the  support  of  such  school  the 
said  board  shall  cause  the  same  to  be  inspected  by  a  competent 
person,  to  see  that  'suitable  arrangements  have  been  made  to 
enable  the  school  to  conform  to  such  standard  as  may  be  pre- 
scribed by  the  State  Board  of  Education  for  regularly  organized 
public  high  schools  in  this  Commonwealth;  and  when  the  district 
school  board  or  district  school  boards  shall  appropriate  annually 
as  much  as  two  hundred  and  fifty  dollars  for  the  support  of  such 
high  school  from  the  local  school  funds  under  the  restrictions, 
named  in  the  first  section  of  this  act,  or  from  funds  privately  sub- 
scribed for  this  purpose,  and  this  fact  shall  have  been  duly  certi- 
fied to  the  State  Board  of  Education  by  the  superintendent  of  the 
division  in  which  such  high  school  is  established,  then  the  State 
Board  of  Education  shall  issue  annually  a  warrant  on  the  Second*. 
Auditor  for  two  hundred  and  fifty  dollars  ($250),  except  as  here- 
inafter provided,  in  favor  of  the  treasurer  of  the  county  in  whichj 
such  high  school  is  located,  which  money  shall  be  placed  to  the- 
credit  of  the  high  school  fund  of  the  district  in  which  such  high 
school  is  located  and  paid  on  the  warrant  of  the  district  school 
board  exclusively  for  the  support  of  said  high  school.  The  treas- 
urer of  each  county  in  which  such  high  school  is  located  shall 
keep  such  funds  separate  and  distinct  from  other  public  school 
funds,  and  shall  make  a  detailed  report  of  receipts  and  disburse- 
ments* of  said  high  school  fund  to  the  division  superintendent  of 
so.hools  at  the  same  time  that  he  makes  the  annual  report  of  hi& 
settlement  with  the  county  school  board:  provided,,  that  not  more 
than  one  high  school  in  any  school  district  shall  have  the  bene- 
fit of  the  appropriation  of  State  funds  provided  for  in  this  act  un- 
less, in  the  judgment  of  the  State  Board  of  Education,  the  area- 


74 

and  school  population  of  a  district  may  justify  the  establishment 
of  more  than  one  high  school  therein. 

Fourth.  The  sum  of  fifty  thousand  dollars  ($50,000)  is  hereby 
appropriated  annually  for  the  purposes  of  this  act,  to  be  paid 
out  of  any  money  in  the  State  treasury  not  otherwise  appropriated, 
which  amount,  or  so  much  thereof  as  shall  be  necessary,  upon 
the  itemized  statement  of  the  State  Board  of  Education  duly  cer- 
tified and  filed  with  the  Auditor  of  Public  Accounts,  shall  be 
turned  over  by  the  Auditor  of  Public  Accounts,  to  the  Second  Audi- 
tor and  shall  be  placed  to  the  credit  of  the  literary  fund,  and  shall 
be  used  exculsively  for  the  support  of  public  high  schools  established 
and  maintained  in  accordance  with  the  provisions  in  this  act; 
provided,  that  if  any  district  school  board  or  district  school  boards 
shall  appropriate  a  larger  amount  the  State  Board  of  Education 
shall  issue  annually  a  warrant  equal  to  the  amount  appropriated 
by  said  district  school  board  or  district  school  boards,  but  said 
warrant  issued  by  said  State  Board  of  Education  shall  not  ex- 
ceed four  hundred  dollars  ($400)  for  any  one  high  school  in  any 
one  year;  provided  also,  that  the  State  Board  of  Education  shall 
have  the  power  to  fix  such  rules  and  regulations  as  are  neces- 
sary for  the  proper  distribution  of  this  fund.  (Acts  1906,  page 
350) 

88.  To  provide  for  normal  instruction  in  certain  public  high 
.schools. — Whereas  trained  and  capable  teachers  are  indispensable  to 
an  efficient  system  of  public  schools ;  and  whereas  there  are  now  in 
successful  operation  in  nearly  every  school  division  in  the  State 
public  high  schools  in  which  are  taught  the  higher  branches  of 
'learning,  and  which  by  the  adoption  of  a  normal  school  course 
in  connection  with  the  ordinary  curriculum  provided  for  such 
schools  can  be  made  a  convenient  and  economical  means  of  pro- 
viding competent  teachers  for  primary  schools  in  the  rural  dis- 
tricts of  the  State;  therefore, 

1.  Be  it  enacted  by  the  General  Assembly  of  Virginia,  That 
the  sum  of  fifteen  thousand  dollars,  or  so  much  thereof  as  may  be, 
necessary,  be,  and  the  same  is  hereby,  appropriated  annually  for 
the  purposes  of  this  act,  to  be  paid  out  of  any  money  in  the  State 
treasury  not  otherwise  appropriated;  which  amount,  upon  the 
order  of  the  Board  of  Education,  duly  certified  and  filed  with 
the  Auditor  of  Public  Accounts,  shall  be  turned  over  by  said  Audi- 
tor to  the  Second  Auditor  and  shall  be  placed  to  the  credit  of 
the  literary  fund,  and  shall  be  used  exclusively  for  the  pay  of 


75 

teachers  in  the  normal  department  of  such  public  high  schools 
as  may  be  designated  by  the  State  Board  of  Education  as 
hereinafter  prescribed:  provided,  that  no  school  shall  receive  un- 
der this  act  during  any  year  a  larger  appropriation  than  fifteen 
hundred  dollars. 

2.  The  State  Board  of  Education  shall  issue  annually  a  war- 
rant on  the  Second  Auditor  for  such  sums  as  may  be  appropriated 
to   the  high  schools    designated   by   said   board    in   favor   of   the 
treasurer    of    the    county    or    city   in    which   such   high    school    is 
located,   which  money  shall  be  placed  to  the  credit  of  the  high 
school  fund  of  the  district  in  which  such  high  school  is  located 
and  paid  on  the  warrant  of  the  district  school  board    exclusively 
for  the  pay  of  teachers  employed  in  the  normal  school  department 
of  said  high  school. 

3.  The   State  Board  of  Education   shall   designate  the  public 
high  schools  in  which  a  normal  school  department  may  be  estab- 
lished and  conducted  under  the  provisions  of  this  act,  and  shall 
prescribe  the  normal   course  which  is  to  be   adopted  and  taught 
in  said  schools  in  connection  with  the  high  school  curriculum  al- 
ready provided,  and  shall  determine  the  qualifications  of  all  teach- 
ers employed  in  such  normal  school  department.    The  chief  object  \ 
of  such  normal  school  department  shall  be  to  instruct  teachers  in 
the   best  methods    of   organization,   teaching   and   management   of 
primary  schools  in  the  rural  districts.       The  Board  of  Education, 
in  its  discretion,  may  prescribe  that  any  pupil  receiving  the  benefit 
of  such   course   of  normal   school  training   shall   obligate  himself 
to  teach  for  not  less  than  two  years  in  the  rural  public  schools  of 
the  State. 

4.  The  said  Board  of  Education  shall  designate  not  more  than 
one  such  high  school  in  any  county;  but  the  said  board  may  in 
its  discretion  select  some  public  high  school  within  an  incorporated 
town  or  city  which  is  located  in  such  county,  provided  no  State 
normal  school  is  located  in  said  incorporated  town  or  city. 

5.  This   act  shall  be  in   force  from  July  thirty-one,  nineteen 
hundred  and  eight.     (Acts  1908.  page  69) 

89.  To  provide  for  instruction  in  agriculture,  domestic  arts  and 
sciences,  and  manual  training  in  public  high  schools.— 1.  Be  it 
enacted  by  the  General  Assembly  of  Virginia.  That  in  at  least 
one  public  high  school,  to  be  selected  by  the  State  Board  of  Edu- 
cation in  each  congressional  district  of  the  State,  a  thorough 
course  in  agriculture,  the  domestic  arts  and  sciences  and  manual 


76 

training  shall  be  given  in  addition  to  the  academic  course  pre- 
scribed for  such  high  schools,  and  at  least  one-fourth  of  the  school 
time  shall  be  devoted  to  these  subjects. 

2.  Not  less  than  five  acres  of  land,  convenient  to  each  of  said 
schools,  shall  be  acquired  by  lease,  purchase  or  donation  for  the 
purpose    of    providing    practical    demonstration    in    agricultural 
science.    The  cultivation  of  these  lands,  as  far  as  practicable,  shall 
be  done  by  the  students  themselves. 

A  careful  account  shall  be  kept  of  the  product  of  each  stu- 
dent's labor,  showing  how  it  is  disposed  of  and  the  prices  received 
on  the  products  which  are  sold.  The  proceeds  of  such  sales  shall 
be  applied  or  used  under  general  regulations  adopted  by  the  dis- 
trict school  board  of  the  county  in  which  the  agricultural  school 
is  located,  which  regulations  must  be  approved  by  the  State  Board 
of  Education. 

3.  Suitable  buildings  shall  be  provided  and  equipped  for  the 
purposes  of  said  schools,  including  workshops   planned  for  practi- 
cal instruction  in  elementary  manual  training,  in  bench  work,  and 
in  other  forms  of  shop  work  applicable  to  rural  life. 

4.  All   female   students   attending   the   high   schools  provided 
for  under  this  act  shall  be  instructed  in  the   domestic  arts  and 
sciences,  and  suitable  equipment  for  such  instruction  shall  be  pro- 
vided by  the  district  school  boards  out  of  the  funds  applicable  to 
the  maintenance  and  equipment  of  the  school.     Said  female  stu- 
dents may  also  take  the  agricultural  course    if  they  so  desire. 

5.  The   agricultural   high   schools   established   under  this    act 
may  be  used  as  centers  for  directing  the  demonstration  farm  work 
and  other  extension  work  throughout  the  bounds  of  the  several 
congressional  districts,  and  shall  be  conducted  under  such  rules 
and  regulations  as  the  State  Board  of  Education  and  the  presi- 
dent of  the  Virginia  College  of  Agriculture  and  Polytechnic  In- 
stitute may  prescribe. 

6.  For  the  fiscal  year  ending  the  twenty-eighth  day  of  Feb- 
ruary, nineteen  hundred  and  eleven,  the  sum  of  thirty  thousand 
dollars,  or  so  much  thereof  as  may  be  necessary,  is  hereby  appro- 
priated out  of  the  sum  turned  over  to  the-  State  Board  of 'Educa- 
tion  for   apportionment   among   the   schools    of   the   primary   and 
grammar  grades,  the  said  thirty  thousand  dollars  to  be  used  for 
the  purpose'  of  carrying  out  the  provisions  of  this  act. 

7.  For  the  fiscal  year  ending  the  twenty-eighth  day  of  Feb- 
ruary, nineteen  hundred  and  twelve,  and  annually  thereafter,  the 


77 

sum  of  thirty  thousand  dollars  is  hereby  appropriated  out  of  the 
sum  turned  over  to  the  State  Board  of  Education  for  apportion- 
ment among  the  schools  of  the  primary  and  grammar  grades  for 
the  purpose  of  carrying  out  the  provisions  of  this  act.  And  for 
the  said  last  named  fiscal  year  the  further  sum  of  twenty-five 
thousand  dollars  is  hereby  appropriated  out  of  any  money  in  the 
tree'asury  not  otherwise  appropriated  to  be  used  for  the  special 
purpose  of  providing  buildings  and  equipment  for  said  schools. 
And  for  the  said  last  named  fiscal  year  the  further  sum  of  ten 
thousand  dollars  is  hereby  appropriated  out  of  the  sum  turned 
over  to  the  State  Board  of  Education  for  apportionment  among 
the  schools  of  the  primary  and  grammar  grades  for  the  purpose 
of  providing  for  the  traveling,  demonstration  and  extension  work 
to  be  connected  with  the  said  high  school.  All  of  the  sums  ap- 
propriated by  this  section  of  this  act  shall  be  turned  over  to  the 
State  Board  of  Education  to  be  by  that  board  apportioned  and 
expended  as  provided  by  the  terms  of  this  act.  (Acts  1910,  page 
362) 

90.  To  authorize  the  boards  of  supervisors  in  the  several  coun- 
ties in  this  State  to  appropriate  money  for  the  establishment,  equip- 
ment and  maintenance  of  agricultural  schools. — Whereas    by  an 
act  approved  on  the  fourteenth  day  of  March,  nineteen  hundred 
and  eight,  the  General  Assembly  of  Virginia  authorized  the  estab- 
lishment of  an  agricultural  school  in  each  congressional  district 
of  the  State ;  therefore. 

1.  Be  it  enacted  by  the  General  Assembly  of  Virginia,  That 
the  board  of  supervisors  in  the  several  counties  in  this  State  be, 
and  they  are  hereby,  authorized  to  appropriate  such  sum  or  sums 
of  money  as  to  them  may  seem  proper,  in  their  discretion,  for 
the  establishment,  equipment  or  maintenance  of  such  an  institu- 
tion. 

2.  All  appropriations  heretofore  made  by  the  board  of  super- 
visors of  any  county  for  the  purposes  above  mentioned  are  hereby 
ratified  and  validated.     (Acts  1910,  page  328) 

PUPILS 

91.  Who  admitted  to  public  schools;  provision  for  children  of 
adjoining  districts;  separate  schools  for  white  and  colored. — The 

public  free  schools  shall  be  free  to  all  persons  between  the  ages 
of  seven  and  twenty  years  residing  within  the  school  district:  and 


78 

the  State  Board  of  Education  shall  have  power,  and  it  shall  be  its 
duty,  to  make  regulations  whereby  the  children  of  one  district 
may  attend  school  in  an  adjoining  district,  either  in  or  out  of  the 
county:  provided,  that  white  and  colored  persons  shall  not  be 
taught  in  the  same  school,  but  shall  be  taught  in  separate  schools, 
under  the  same  general  regulations  as  to  management,  usefulness, 
and  efficiency.  (Code,  Sec.  1492) 

92.  Qualifications   of  preceding   section. — The   preceding   sec- 
tion is  subject  to  the  following  qualifications: 

First.  Any  person  domiciled  in  this  State  who  is  a  taxpayer 
in  any  school  district  of  the  State,  although  not  a  resident  of  said 
school  district,  may  send  his  children  to  any  public  free  school 
therein  upon  such  terms  and  conditions  as  may  be  prescribed  by 
the  school  board  of  the  said  school  district,  and  any  guardian  who 
is  a  taxpayer  as  aforesaid  for  his  ward  or  wards  shall  be  entitled 
to  the  same  privilege  for  them  if  they  are  domiciled  in  Virginia: 
provided,  that  the  said  taxpayer  or  guardian  shall  have  the  right, 
of  appeal  to  the  county  school  board  of  the  county  in  which  said 
district  is  situated,  which  said  county  school  board  shall  decide 
finally  what  are  just  and  proper  terms  and  conditions  in  each 
case:  and  provided  further,  that  children  whose  parents  or  guar- 
dians do  not  reside  in  a  town  constituting  a  separate  school  dis- 
trict or  a  city  shall  be  received  into  the  public  schools  of  such  town 
or  city  only  upon  such  terms  and  conditions  as  may  be  prescribed 
by  the  school  board  thereof  for  children  residing  therein;  but  the 
provisions  of  this  act  shall  not  apply  to  indigent  children. 

Second.  The  school  board  of  any  district  bordering  on  another 
State  which  grants  the  same  privilege  to  the  State  of  Virginia  may, 
in  its  discretion,  admit  into  its  school,  free  of  tuition,  persons  of 
school  age  residing  beyond  the  limits  of  this  State,  but  near  thereto,, 
if  their  parents  or  guardians  pay  taxes  in  the  said  district. 

Third.  Attendance  shall  be  upon  the  school  in  the  district 
nearest  to  the  residence  of  the  pupils,  unless  otherwise  ordered 
by  the  district  school  board,  subject  to  the  regulations  of  the. 
State  Board  of  Education.  (Code,  Sec.  1493) 

93.  Who  colored;  who  Indian. — Every  person  having  one-six- 
teenth or  more  of  negro  blood  shall  be  deemed  a  colored  person,, 
and  every  person  not  a  colored  person  having  one-fourth  or  more- 
of  Indian  blood  shall  be  deemed  an  Indian.     (Acts  1910,  page  581; 

94.  Admission    of    persons    between    twenty    and   twenty-five 
vears  of  age. — Any  board  of  district  school  trustees  may,   in  its 


79 

discretion,  admit  as  pupils  into  any  of  the  public  free  schools  of 
its  district  persons  between  the  ages  of  twenty  and  twenty-five 
years  on  the  prepayment  of  tuition  fees,  under  regulations  to  be 
prescribed  by  the  State  Board  of  Education,  provided  the  admis- 
sion of  such  pupils  will  not,  in  the  opinion  of  the  district  board, 
impair  the  usefulness  and  efficiency  of  such  school.  (Code,  Sec. 
1494) 

95.  Providing  (in  certain  cases)  for  the  compulsory  attend- 
ance of  children  between  the  ages  of  eight  and  twelve  years  upon 
the  public  schools  of  Virginia,  and  providing  penalty  for  failure, 
and  designating  the  manner  of  collecting  such  penalties. — 1.  Be 
it  enacted  by  the  General  Assembly  of  Virginia,  That  every  parent, 
guardian,  or  other  person  having  charge  or  control  of  any  child 
between  the  ages  of  eight  and  twelve  years  shall  be  required  to 
send  such  child  to  a  public  school  of  this  Commonwealth  for  at 
least  twelve  weeks  in  each  school  year,  at  least  six  weeks  of  which 
shall  be  consecutive,  unless  the  district  school  trustees  of  the  dis- 
trict in  which  such  parent,  guardian  or  other  person  resides  ex- 
cuse for  cause  such  child,  or  unless  such  child  be  weak  in  body 
or  mind,  or  can  read  and  write,  or  is  attending  a  private  school, 
or  lives  more  than  two  miles  by  the  usual  traveled  route  from 
the  nearest  public  school,  or  more  than  one  mile  from  the  line  of 
an  established  public  free  school  wagon  route:  provided,  however, 
that  the  provisions  of  this  act  shall  not  apply  in  any  county,  city 
or  town  of  this  Commonwealth  except  and  until  the  qualified 
voters  of  such  county  or  city  or  town  shall,  as  hereinafter  pro- 
vided, avail  themselves  of  the  provisions  hereof. 

2.  The  provisions  of  this  act  may  be  made  to  apply  in  any 
county,  city,  town  or  magisterial  district  constituting  a  separate 
school  district  of  this  Commonwealth  by  submitting  the  question  of 
compulsory  education  to  the  qualified  voters  of  such  county,  city, 
or  town  at  any  general  election  to  be  held  in  said  county,  city, 
town  or  magisterial  district  composing  a  separate  school  district 
at  any  general  election  to  be  held  in  said  county,  city  or  town, 
or  at  any  special  election  held  for  the  purpose  as  hereinafter  pro- 
vided. 

Whenever  the  school  board  of  any  county,  city,  or  town  shall, 
by  a  recorded  vote,  express  the  desire  to  submit  the  question  of  com- 
pulsory education  to  the  people  of  such  county,  city,  town  or 
magisterial  district  constituting  a  separate  school  district  at  a 
general  election,  it  shall  be  the  duty  of  the  division  superintendent 


80 

of  such  county  or  city  to  certify  that  fact  to  the  electoral  board 
of  such  county  or  city,  who  shall,  at  least  thirty  days  before  the 
next  general  election  see  to  it  that  the  question  is  printed  upon 
the  official  ballot  of  such  election  in  type  similar  to  that  used  for 
the  rest  of  the  ballot,  and  in  the  following  form:  "For  compulsory 
education/'  "Against  compulsory  education." 

Whenever  a  majority  of  a  county,  city  or  town  school  board, 
or  a  number  of  qualified  voters  of  such  county,  city,  town  or  mag- 
isterial district  composing  a  separate  school  district  equal  in  num- 
ber to  one-third  of  the  total  number  of  votes  cast  in  said  county, 
city,  town  or  magisterial  district  composing  a  separate  school  dis- 
trict at  the  last  preceding  regular  November  election  by  a  peti- 
tion duly  signed,  shall  petition,  in  writing,  the  judge  of  the  circuit 
or  corporation  court  of  any  county  or  city  for  a  special  election 
in  such  county  or  city  on  the  question  of  compulsory  education 
therein,  such  court  or  judge  shall,  within  ten  days  after  the  re- 
ceipt of  said  petition,  issue  a  writ  of  election,  in  which  shall  be 
fixed  the  day  of  holding  such  election,  directed  to  the  sheriff  of 
his  county  or  sergeant  of  his  corporation,  as  the  case  may  be,  whose 
duty  it  shall  be  to  post  forthwith  a  notice  of  said  election  at  each 
voting  precinct  in  said  county,  city,  town  or  magisterial  district 
composing  a  separate  school  district,  as  the  case  may  be.  He 
shall  also  give  notice  to  the  officers  charged  with  the  duty  of  con- 
ducting other  elections  in  said  county,  city,  town  or  magisterial 
district  constituting  a  separate  school  district,  as  the  case  may  be; 
but  no  special  election  shall  be  held  under  this  act  within  less 
than  thirty  days  from  the  posting  of  such  notices  as  aforesaid. 
Said  special  election  shall  be  held  and  conducted  as  other  special 
elections  are  held  and  conducted.  If  it  appear  from  the  abstracts 
and  returns  of  said  general  or  special  election  that  a  majority  of 
the  votes  cast  in  the  county,  city,  town  or  magisterial  district 
constituting  a  separate  school  district  as  a  whole,  as  the  case  may 
be,  were  for  compulsory  education,  then,  at  the  beginning  of  the 
next  school  year  after  the  holding  of  such  election  the  provisions 
of  this  act  for  compulsory  education  shall  become  effective  in 
any  county  or  city  thus  voting  in  favor  thereof. 

After  any  such  general  or  special  election  has  been  held  in 
any  county  or  city  there  shall  not  be  another  election  under  this 
act  held  in  said  county  or  city  within  two  years. 

3.  The  ballots  to  be  used  in  said  special  election  shall  be  re- 
spectively as  follows:  "For  compulsory  education,"  "Against  com- 


81 

pulsory  education."  In  all  other  particulars,  except  wherein  other- 
wise provided  by  this  act,  said  election  shall  be  held,  conducted,  the 
returns  thereof  canvassed  and  certified,  or  contested,  according  to 
the  provisions  of  chapter  twenty-five  of  the  Code  of  Virginia  so 
far  as  applicable. 

Those  qualified  to  vote  in  such  special  election  shall  be  those 
who  were  qualified  to  vote  at  the  preceding  regular  November 
election,  and  such  others  as  may  have  come  of  age,  registered 
and  become  qualified  voters  since  said  preceding  regular  election. 

4.  In  every  county  or  city  of  this  Commonwealth  in  which  the 
provisions  of  this  act  may  be  made  to  apply  as  aforesaid    each 
district  school  board  shall,  on  the  second  Monday  in  February  and 
the  second  Monday  in   September,   or  within  fifteen   days  there- 
after, each  year,  in  such  manner  as  the  State  Board  of  Educa- 
tion may  direct,  ascertain  the  condition  of  all  children  between 
the   ages   of  eight   and  twelve  years  who   are  not  in  attendance 
upon  any  public  school,  and  shall  report  all  violations  of  this  act 
to  its  district  clerk,  who  shall  at  once  proceed  to  prosecute  each 
and  every  such  offence. 

5.  A  parent,   guardian,  or  other  person    who  fails  to  comply 
with  the  provisions  of  this  act  shall  be  liable  to  a  fine  of  not  less 
than  two  nor  more  than  ten  dollars  for  the  first  offence,  nor  less 
than  five  nor  more  than  twenty  dollars  for  each  subsequent  of- 
fence; such  fine  shall  be  collected  by  the  clerk  of  the  respective 
district   school   boards    in   the   name   of  the   Commonwealth,   and 
in  an  action  before  any  court  of  competent  jurisdiction,  and  the 
money   so   collected   by   each   clerk   shall   be   paid  into   the   State 
treasury  and  be  applied  to   the  district  school  fund  of  the   dis- 
trict  or  districts   from  which  the  said  fines  were  received. 

6.  The  clerk  of  the  district  school  board  in  each  district    in 
the    counties    or    cities    wherein    the    provisions    of    this    act    are 
adopted  as  aforesaid  shall  prosecute  every  offence  against  the  pro- 
visions of  this  act,  when  a  member  of  the  district  school  board, 
or  any  taxpayer  of  the  district  in  which  the  offending  party  re- 
sides   files   with   him  an   affidavit  setting  forth  the  facts   consti- 
tuting the  offence:  and  if  he  neglect  to  do  so  within  fifteen  days 
after  such  affidavit  is  filed    he  shall  be  liable  to  a  fine  of  not  less 
than  five  nor  more  than  ten  dollars  for  each  case  of  such  neglect, 
to   be    collected   in    the   name   of   the    Commonwealth   before    any 
court  of  competent  jurisdiction    by  any  person  feeling  aggrieved 
thereby,  and  the  money  collected  for  such  fine  shall  be  paid  into 


82 

the  State  treasury  and  applied  to  the  district  school  fund  of  the 
district  in  which  such  clerk  resides. 

7.  Two  weeks'  attendance  at  half  time  or  night  school  shall 
be   considered,  within  the  meaning  of  this   act,   equivalent  to  an 
attendance  of  one  week  at  a  day  school. 

8.  For   each   and   every  prosecution   under   the   provisions   of 
this   act   the   clerk    of   the   district   school   board     of   the    district 
wherein  such  prosecution  is  had    shall  receive  a  fee  of  two  dol- 
lars, to  be  paid  out  of  the   district  school  fund  of  said  district. 
(Acts  1908,  page  640) 

96.  Minimum  required  for  a  school.— A  minimum  number  of 
pupils,  under  regulations  to  be  prescribed  by  the  State  Board  of 
Education,  shall  be  required  in  order  to  form  a  public  free  school. 
(Code.  Sec.  1495) 

97.  Exclusion  of  persons  with  contagious  diseases,  or  who  have 
not  been  vaccinated. — Teachers  shall  require  of  the  pupils  cleanli- 
ness of  person  and  good  behavior  during  their  attendance  at  school 
and  on  their  way  thither  and  back  to  their  homes. 

Persons  suffering  with  contagious  diseases  shall  be  excluded 
from  the  public  free  schools  while  in  that  condition.  Every  teacher 
and  pupil  shall,  within  ten  days  after  entering  a  public  free  school, 
furnish  a  certificate  from  a  reputable  physician  certifying  that 
such  teacher  or  pupil  has  been  successfully  vaccinated  or  is  en- 
titled to  exemption  by  reason  of  peculiar  physical  condition:  pro- 
vided, that  nothing  in  this  section  shall  preclude  a  school  board 
from  requiring  immediate  vaccination  in  case  of  an  epidemic  of 
small-pox  or  the  annual  revaccination  of  those  who  have  not  fur- 
nished certificates  of  proper  vaccination:  provided  further,  that 
the  operation  of  so  much  of  this  section  as  concerns  vaccination 
may  be  suspended  in  whole  or  in  part  by  the  school  board  of  any 
city  or  county. 

Should  any  children  who  attend  the  public  free  schools  be  un- 
able to  pay  for  vaccination  they  shall  be  vaccinated  with  genuine 
vaccine  matter  at  the  cost  and  expense  of  the  town  or  county,  and 
provision  shall  be  made  therefor  by  the  council  of  the  town  or  by 
the  board  of  supervisors  of  the  county.  (Code.  Sec.  1496) 

98.  Compulsory  vaccination  free  to  the  poor,  including  children 
attending  free  schools. — The  council  of  any  city  or  town  and  the 
board  of  supervisors  of  any  county.  Avhen  in  their  judgment  occa- 
sion requires,  may  cause  persons  residing  within  the  limits  of  such 
city,  town,  or  county  to  be  vaccinated  with  genuine  vaccine  matter;: 


83 

and  the  council  oi'  any  city  or  town  and  the  board  of  supervisors  of 
any  county  may  enforce  obedience  to  its  ordinance  or  orders,  as  the 
case  may  be,  by  fixing  fines  and  penalties  for  the  violation  of  said 
ordinance  or  orders.  Should  any  person,  including  children  who 
attend  the  public  schools,  be  unable  to  pay  for  vaccination  such 
person  shall  be  vaccinated  with  genuine  vaccine  matter  at  the  cost 
and  expense  of  the  city,  town,  or  county,  and  provision  shall  be 
made  therefor  by  the  council  of  the  city  or  town  or  by  the  board 
of  supervisors  of  the  county.  (Code,  Sec.  1733) 

99.  An  act  for  the  testing  of  the  sight  and  hearing-  of  pupils  in 
the  public  schools. — 1.  Be  it  enacted  by  the  General  Assembly  of 
Virginia,  That  the  State  Superintendent  of  Public  Instruction  bef 
and  is  hereby,  directed  to  prepare  or  cause  to  be  prepared,  upon  the 
advice  and  approval  of  the  State  Board  of  Health,  suitable  test 
cards,  blanks,  record  books,  and  other  needful  appliances  to  be  used 
in  testing  the  sight  and  hearing  of  pupils  in  the  public  schools,  and 
shall  also  obtain  necessary  instructions  for  the  use  thereof;  and  shall 
furnish  the  same  free  of  expense  to  all  the  schools  of  the  Stater 
upon  request  of  the  school  board  of  any  county  or  city,  ac- 
companied with  the  statement  from  the  clerk  thereof  that  the  said 
board  had  by  resolution  adopted  the  use  of  said  test  cards,  blanks, 
et  cetera,  and  had  directed  the  use  thereof  in  schools  under  their 
charge;  and  within  fifteen  days  after  the  beginning  of  the  term, 
or  after  receiving  the  said  test  cards,  et  cetera,  the  principal  or 
teacher  in  all  said  schools  shall  test  the  sight  and  hearing  of  all 
the  pupils  under  their  charge,  and  keep  a  record  of  such  exami- 
nations in  accordance  with  instructions  furnished,  and  whenever 
a  pupil  is  found  to  have  any  defect  of  vision  or  hearing,  or  disease 
of  the  eyes  or  ears,  he  shal!  forthwith  notify  the  parent  or  guar- 
dian, in  writing,  of  said  defect,  with  a  brief  statement  thereof. 
Copies  of  said  reports  shall  be  preserved  for  the  use  of  the  State 
Superintendent  of  Public  Instruction  as  he  may  require. 

The  State  Superintendent  of  Public  Instruction,  upon  approval 
of  the  State  Board  of  Health,  may  expend  during  the  year  nine- 
teen hundred  and  eight  the  sum  of  not  greater  than  four  hundred- 
dollars,  and  annually  thereafter  a  sum  of  not  greater  than  three- 
hundred  dollars,  for  the  purpose  of  carrying  out  the  provision.- 
of  this  act.  (Acts  1908,  page  661) 


84 

COUNTY  TREASURER 

100.  Duties  of  county  treasurer  as  to  school  funds;  his  pay,— 
The  county  treasurer  shall,  in  all  cases,  collect  and  disburse  or 
invest  the  funds  placed  under  the  control  of  a  county  or  district 
school  board  and  all  moneys  coming  into  the  hands  of  said  boards 
in  accordance  with  the  direction  of  the  board  controlling  the  fund, 
and,  unless  otherwise  specially  provided,  shall  receive  such  com- 
pensation as  the  county  school  board  may  determine:  provided 
that  the  same  shall  not  be  more  than  one  per  centum  upon  the 
amount  received.     For  the  proper  application  of  all  such  funds 
he  and  his  sureties  upon  his  official  bond  shall  be  liable.     (Code, 
Sec.  1449) 

101.  To  provide  the  commissions  that  shall  be  allowed  county 
treasurers  upon  funds  handled  by  them  that  are  raised  by  the  is- 
suance and  sale  of  county  bonds  and  of  school  district  bonds. — 
1.  Be  it  enacted  by  the   General   Assembly  of  Virginia,  That  in 
all  cases  where  funds  are  raised  by  the  board  of  supervisors  of 
the  several  counties  in  this  State  by  the  issuance  and  sale  of  county 
bonds    and    of    school    district    bonds    that    were    not    otherwise 
provided  by  statute,  the  compensation  to  be  paid  to  the  treasurer 
of  the  respective  counties  for  receiving  and  disbursing  the  fund 
derived  from  such  sale  shall  be  one-fourth  of  one  per  centum:  pro- 
vided, however,  that  the  compensation  of  treasurers  under  this  act 
shall  in  no  case  be  less  than  fifteen  dollars  nor  more  than  two  hun- 
dred and  fifty  dollars.     (Acts  1908,  page  559) 

102.  County  treasurers  to  receive  and  disburse  school  moneys; 
to  collect  school  levies  and  keep  separate  accounts;  their  compen- 
sation.— All  school  moneys  to  be  disbursed  in  any  county  shall  be 
received,  kept,  and  disbursed  by  the  county  treasurer  thereof,  sub- 
ject to  similar  responsibility  as  in  case  of  other  funds  by  law  com- 
mitted to  him.  It  shall  be  his  duty   also   to  receive   and   collect 
all  taxes  levied  or  ordered  by  the  board  of  supervisors  of  his  coun- 
ty for  public  free  school  purposes  therein    at  the  same  time  and 
in  the  same  manner,  and  subject  to  the  same  provisions,  regula- 
tions, restrictions,  and  penalties  as  are  or  may  be  prescribed  by 
law  for  the  receipt  and  collection  of  county  levies  for  other  and 
ordinary  purposes.     He  shall  keep  the  district  funds  in  separate 
accounts  from  those  of  the  State  and  county,  but  his  books  shall 
show  whence  and  on  what  accounts  the  moneys  were  severally  de- 


85 

rived,  and  by  what  order,  on  what  account,  and  to  whom  the  dis 
bursements  were  made.  He  shall  make  disbursements  only  in  pur 
suance  of  a  warrant,  in  writing,  from  the  proper  authority,  in 
manner  and  form  as  prescribed  in  this  chapter.  For  receiving. 
collecting,  and  disbursing  levies  imposed  for  and  by  counties  or 
school  districts,  he  shall  be  entitled  to  the  same  compensation  al- 
lowed him  by  law  for  receiving,  collecting,  and  disbursing  county 
levies  and  for  other  ordinary  purposes.  In  computing  commis- 
sions for  collecting  and  disbursing  all  sums  levied  for  county, 
school,  and  district  purposes,  the  amounts  shall  be  treated  as  one 
sum,  and  shall  not  be  divided  for  the  purpose  of  calculating  the 
treasurer's  commissions.  Has  compensation  for  disbursing 
moneys  apportioned  to  the  county  from  the  State  funds  for  public 
free  school  purposes  shall  be  a  commission  of  not  exceeding  one 
per  centum  on  the  amount  thereof,  to  be  fixed  by  the  county  school 
board.  (Code,  Sec.  1515) 

103.  When  to  receive  taxes  and  levies;  advertise  time  and 
place;  penalty  on  taxpayers  after  the  first  of  December;  treas- 
urer to  call  on  each  taxpayer;  when  they  may  distrain. — Each 
treasurer  shall  commence  to  receive  the  State  taxes  and  county 
and  city  levies  on  or  before  the  first  day  of  July  of  each  year,  or 
as  soon  thereafter  as  he  may  receive  copies  of  the  commissioners* 
books,  and  continue  to  receive  the  same  up  to  the  first  day  of 
December  thereafter;  and  for  this  purpose  each  county  treasurer 
shall  advertise  for  at  least  ten  days  at  the  court-house  and  at  the- 
voting  places  in  the  magisterial  districts,  in  such  manner  as  may 
be  necessary  to  give  general  publicity  thereto,  upon  what  day  or 
days  he  will  be  at  some  convenient  public  places  in  each  magis- 
terial district  to  receive  taxes  and  levies;  and  shall,  at  the  time 
specified,  go  to  the  places  so  designated  and  remain  there  one  day 
or  more,  at  his  discretion,  for  the  purpose  of  receiving  the  State 
taxes  and  county  levies,  and  shall  receive  the  same,  and  so  forth. 
Any  person  failing  to  pay  any  State  taxes  or  county  and  city  levies 
to  the  treasurer  by  the  first  day  of  December  shall  incur  a  penalty 
thereon  of  five  per  centum,  which  shall  be  added  to  the  amount  of 
taxes  or  levies  due  from  such  taxpayer,  which,  when  collected 
by  the  treasurer,  shall  be  accounted  for  in  his  settlements. 

It  shall  be  the  duty  of  the  treasurer,  after  the  first  day  of 
December,  to  call  upon  each  person  chargeable  with  taxes  and 
levies  who  has  not  paid  the  same  prior  to  that  time,  or  upon  the 
agent,  if  any,  of  such  person  resident  within  the  county  or  cor- 


86 

poration,  for  payment  thereof;  and  upon  failure  or  refusal  of  such 
person  or  agent  to  pay  the  same  he  shall  proceed  to  collect  them 
my  distress  or  otherwise:  provided,  that  should  it  come  to  the 
knowledge  of  the  treasurer  that  any  such  person  or  persons  owing 
such  taxes  or  levies  is  moving  or  contemplating  moving  from  the 
county  or  corporation  prior  to  the  first  day  of  December,  he  shall 
have  power  to  collect  the  same  by  distress  or  otherwise  at  any 
time  after  such  said  bills  shall  have  come  into  his  hands:  provided 
further,  that  it  shall  not  be  necessary  for  the  treasurer  of  the 
county  of  Henrico  to  designate  or  to  go  to  any  place  other  than 
the  county  court-house  in  the  city  of  Richmond  in  order  to  receive 
the  taxes  and  levies  to  be  paid  to  such  treasurer.  (Code,  Sec. 
603) 

104.  Treasurers  to  return  lists  of  uncollectable  taxes  and  delin- 
quents.— The  treasurer,  after  ascertaining  which  of  the  taxes  and 
levies   assessed  in  his    county  or  city   cannot  be   collected,   shall, 
not  later  than  the  first  day  of  July  in  each  year,  make  out  lists  of 
three  classes — to-wit:  First,  a  list  of  property  on  the  commissioner's 
land  book  improperly  placed  thereon  or  not  ascertainable,  with  the 
amount  of  taxes  and  levies  charged  on  such  property;  secondly, 
a  list  of  other  real  estate  which  is  delinquent  for  the  non-payment 
of  the  taxes  and  the  levies  thereon;  and  thirdly,  a  list  of  such  of 
the  taxes  and  levies  so  assessed  other  than  on  real  estate  as  he  is 
unable  to  collect,  except  that  in  the  counties  of  Accomac  and  North- 
ampton it  shall  be  lawful  for  the  treasurers  of  said  counties  to 
make  such  lists  at  any  time  prior  to  the  first  day  of  December  of 
any  year.     (Code,  Sec.  605) 

105.  Compensation  of  treasurers  for  receiving  and  paying  over 
revenue. — Every  treasurer  shall  be  allowed  for  his  services  in  re- 
ceiving and  paying  over  the  revenues  on  amounts  of  twenty-five 
thousand  dollars  and  less,  five  per  centum,  and  on  amounts  in  ex- 
cess   of    twenty-five    thousand    dollars,    three    and    one-half    per 

-centum,  which  shall  be  the  entire  compensation  allowed  treasurers 
in  counties  and  cities  in  which  the  revenue  exceeds  twenty-five 
thousand  dollars:  provided,  that  in  counties  and  cities  in  which 
the  revenue  does  not  exceed  ten  thousand  dollars  he  shall,  in  ad- 
dition to  the  five  per  centum,  receive  four  per  centum  on  all  reve- 
nues remaining  unpaid  on  December  first  and  collected  by  him; 
and  in  counties  and  cities  in  which  the  revenue  exceeds  ten  thou- 
sand and  does  not  exceed  fifteen  thousand  dollars  he  shall,  in 
.addition  to  the  five  per  centum,  receive  three  per  centum  on  all  the 


87 

revenues  remaining  unpaid  December  first  and  collected  by  him: 
provided  further,  that  the  commissions  of  the  city  treasurer  for 
collecting  and  paying  over  the  revenue  where  the  annual  collec- 
tion is  in  excess  of  sixty  thousand  dollars,  shall  be  at  the  rate  of 
two  per  centum  on  such  excess:  provided  further,  that  where  the 
revenue  exceeds  fifteen  thousand  dollars  but  is  not  sufficiently  in 
excess  thereof  to  make  the  treasurer's  compensation  as  much  as  it 
would  have  been  had  such  revenue  been  less  than  fifteen  thousand 
dollars,  the  treasurer  shall  be  entitled  to  two  per  centum  commis- 
sion on  all  revenues  remaining  unpaid  the  first  of  December  and 
collected  by  him  up  to  fifteen  thousand  dollars.  (Code,  Sec.  613) 

106.  Their  compensation  for  receiving  and  disbursing  levies. 
The  county  treasurer  shall  be  allowed  for  his  services  in  receiv- 
ing  and   disbursing   the    county   and   school   levies,    including    all 
moneys  collected  by  order  of  the  county  authorities  for  any  pur- 
pose, the  compensation  provided  for  in  the  preceding  section,  and 
the   city  treasurer  shall  be  allowed  for  his  services  in  receiving 
and  disbursing  the  city  and  school  levies  (where  he  is  collector  o( 
such  levies)  the  same  rate  of  compensation  allowed  by  the  preced- 
ing section  for  receiving  and  paying  over  the  revenues,  except  on 
all  amounts  over  twenty-five  thousand  dollars,  on  which  such  city 
treasurer   shall   be   allowed  three   and   a   half   per   centum.     But 
upon  all  funds  turned  over  by  any  outgoing  county  treasurer  .his 
successor,  for  receiving  and  disbursing  said  funds,  shall  have  not 
more  than  two  per  centum  commission.      (Acts  1910,  page  160.) 

107.  Treasurer's  accounts;  how  rendered  and  examined. — The 
county  treasurer  shall,  on  the  first  day  of  December  of  each  year, 
or  within  twenty  days  thereafter,  make  to  the  division  superinten- 
dent of  schools,  on  blanks  to  be  furnished  by  the  Superintendent 
of  Public  Instruction,  a  report  showing  the  amount  collected  on 
account  of  the  State,  county,  and  district  school  levies,  respective- 
ly, prior  to  the  first  day  of  December  of  said  year  on  which  no 
penalty  is  due,  and  also  the  balance  of  each  of  said  levies  uncol- 
lected    and  upon  which  the  penalty  of  five  per  centum  is  to  be 
added,  and  showing  the  number  and  amount  of  warrants  on  the 
State,  county,  and  district  funds  presented  for  payment  from  each 
district,   respectively,   the  number   and   amount  of  such  warrants 
paid  by  the  treasurer  and  the  balance  of  State,  county,  and  dis- 
trict funds  on  hand,  and  to  what  districts  due.     If  any  treasurer 
shall  fail  to  comply  with  the  provisions  of  this  section  it  shall  be 
the  duty  of  the  county  school  board  to  impose  a  fine  of  not  less 


88 

than  one  dollar  nor  more  than  five  dollars  a  day  for  each  day  of 
such  delinquency,  the  said  fine  to  be  deducted  from  any  pay  or  per- 
centage of  such  treasurer.  The  said  report  shall  be  verified  by 
the  affidavit  of  the  treasurer. 

The  treasurer  of  every  town  constituting  a  single  school  dis- 
trict shall  perform  like  duties,  be  subject  to  like  fines  and  penal- 
ties, and  be  entitled  to  the  same  rate  of  compensation  as  the  treas- 
urer of  a  county.  (Code,  Sec.  1518) 

108.  Annual    reports    of    treasurers    and    clerks    of    district 
boards  to  county  board;  records  and  papers. — It  shall  be  the  duty 
of  the  county  treasurer  to  furnish,  for  the  use  of  the  county  school 
board  at  its  annual  meeting  in  August,   a  report  for  the  school 
year  closing  next  preceding  said  meeting,   showing  in  detail   all 
transactions  pertaining  to  the  receipt  and  disbursement  of  school 
funds  for  said  school  year,  together  with  his  books,  vouchers,  or 
other  official  papers  which  contain  accounts  or  evidences  of  receipts 
or  disbursements;  and  likewise  it  shall  be  the  duty  of  the  clerks 
of  the  district  boards  to  lay  before  the  county  school  board,  at 
the  annual  meeting,  their  official  record  and  account  books,  con- 
tracts,  deeds,   and  all  other  official  books  and  papers  pertaining 
to  the  school  business  of  the  year  just  closed.    Upon  examination 
of  these  records,  accounts,  or  papers,  should  there  appear  to  have 
been  any  delinquency  or  irregularity  in  the  acts  of  the  treasurer 
or  clerk  of  the  county  or  district  boards,  or  of  any  district  board, 
or  any  member  thereof,  it  shall  be  the  duty  of  the  county  school 
board  to  cause  a  minute  of  the  facts  to  be  made  in  its  records, 
and  to  take  such  other  action  as  the  case  may  require.     It  shall 
also  be  the  duty  of  the  county  school  board  to  cause  all  warrants 
which  have  been  presented  and  paid  by  the  county  treasurer  at 
this  settlement  to  be  cancelled  by  some  efficient  cancelling  device, 
after  which  the  said  warrants  shall  be  delivered  to  the  division 
superintendent,  who  shall  keep  the  same  on  file  at  least  twelve 
months  before  destroying  them.     (Code,  Sec.  1484) 

109.  Penalty  for  failure;  superintendents  to  report  on  delin- 
quent officers. — Should  any  county  treasurer  or  clerk  of  any  dis- 
trict school  board  fail  to  produce  and  lay  before  the  county  board. 
his  books  and  papers  as  required  by  the  preceding  section,  it  shall 
be  the  duty  of  the  clerk  of  the  county  board  to  enter  upon  the 
minutes  of  that  meeting  a  fine  of  twenty-five  dollars  against  every 
such  delinquent  treasurer  or  clerk,  which  amount  shall  be  deducted 
from  the  pay  or  percentage  of  such  officer. 


89 

It  shall  be  the  duty  of  the  division  superintendent,  before 
sending  his  annual  report  to  the  Superintendent  of  Public  In- 
struction, to  examine  the  books  and  papers  of  every  such  delin- 
quent officer,  and  to  make  a  special  report  thereon  in  connection 
with  his  annual  report.  The  county  board  shall  have  power  to 
remit  the  said  fine  only  on  the  presentation  of  good  and  sufficient 
reasons  for  so  doing,  and  the  resolution  remitting  said  fine  shall 
not  be  effective  unless  and  until  the  same  shall  have  been  approved 
by  the  State  Board  of  Education.  (Code,  Sec.  1485) 

110.  Unexpended  school  funds;  how   disposed  of. — All  sums 
of  money  derived  from  State  funds  which  are  unexpended  in  any 
year  in  any  public  free  school  district  shall  go  into  the  general 
school  fund  of  the  State  for  redivision  next  year,  unless  the  State 
Board  of  Education  direct  otherwise;  and  all  sums  derived  from 
the  county  or  district  funds  unexpended  in  any  year  shall  remain 
a  part  of  the  county  or  district  funds,  respectively,  for  use  the 
next  year.     But  no  sums  derived  from  county  or  district  funds 
shall  be   subject  to  redivision  outside   of  the   county  or  district, 
respectively.     (Code.  Sec.  1520  or  1521) 

111.  Treasurer  not  to  deal  in  county  warrants;  remedy  for 
failure  to  pay  warrant. — No  county  treasurer  or  any  of  his  depu- 
ties   shall,  either  directly  or  indirectly,   obtain  by  contract,  pur- 
chase, barter  or  exchange,  either  for  himself  or  any  other  person, 
or  become  the  owner,  in  whole  or  in  part,  of  any  warrant  drawn 
upon  the  county  treasury   or  payable  out  of  the  same;  and  if  any 
county  treasurer  or  deputy  shall  so  contract  for  or  purchase  any 
such  warrant    such  treasurer  shall  not  be  allowed  in  his  annual1 
settlement  the  amount  of  said  warrant,  or  any  part  thereof,  and 
this  shall  be  in  addition  to  the  penalties  prescribed  in  section  eight: 
hundred  and  sixty-six.     If  any  such  treasurer  fail  to  pay,  upon* 
presentation,  any  legal  warrant,  having  in  his  hands  at  the  time- 
funds  out  of  which  the  same  ought  to  be  paid,  or  fail  to  set  apart, 
necessary  funds  when  the  same  shall  come  into  his  hands  for  the 
payment  thereof  in  its  order,  if  listed  under  section  eight  hundred 
and  fifty-nine,  and  to  pay  over  the  amount  due  upon  such  warrant 
as  soon  thereafter  as  the  same  may  be  again  presented,  the  holder 
thereof  may.   on   motion   in   his   own   name,   in    the   circuit   court 
of  the  treasurer's  county,  recover  from  him  and  his  sureties  the 
amount  of  such  warrant,  together  with  damages,  after  the  rate  of 
ten  per  centum  per  month  on  the  said  amount  from  the  time  such 


90 

treasurer  should  have  paid  the  same,  and  the  costs  of  such  motion, 
including  an  attorney's  fee  of  five  dollars.  (Code,  Sec.  863) 

112.  Suits  against  treasurers. — For  every  breach  of  the  condi- 
tion of  the  bond  of  the  treasurer  of  any  county  or  city,  either  in 
failing  to  account  for  and  pay  into  the  treasury  all  taxes  due 
from  him  to  the  State,  or  to  pay  over  to  his  successor  all  moneys 
required  by  section  eight  hundred  and  sixty-two  to  be  paid  to  his 
successor  in  office  when  he  goes  out  of  office,  suit  may  be  brought 
against  such  treasurer  and  his  sureties  on  his  official  bond  in  the 
first  case  in  the  circuit  court  of  the  city  of  Richmond  for  the  use 
of  the  State,  or  in  the  second  case  in  the  circuit  court  of  his 
county  or  the  circuit  or  corporation  court  of  his  city,  at  the  rela- 
tion of  his  successor,  for  the  use  of  the  city,  county,  district. 
'County  school  board  or  district  school  board,  as  the  case  may  be, 
or  the  same,  together  with  damages  and  costs  as  prescribed  by 
section  eight  hundred  and  sixty-three,  may  be  recovered  by  mo- 
tion in  said  courts.  A  motion  under  this  section  shall  be  after 
.at  least  five  days'  notice,  and  when  on  behalf  of  the  Common- 
wealth shall  be  in  the  nam€  of  the  Commonwealth,  and  in  all  other 
cases  in  the  name  of  the  successor  in  office  of  such  treasurer.  Upon 
.any  judgment  rendered  in  such  suit  or  motion  a  writ  of  fieri  facias 
may  issue,  which  shall  conform  in  all  respects  to  writs  of  fieri  facias 
issued  under  chapter  thirty,  and  be  proceeded  with  in  the  same 
manner.  (Code,  Sec.  865) 

113  When  treasurer  settles  with  board  of  supervisors. — The 
treasurers  of  the  several  counties  of  this  State  shall  settle  with  the 
board  of  supervisors  and  school  boards  by  the  first  day  of  October 
of  each  year,  and  shall,  on  said  first  of  October,  exhibit  to  said 
judge  and  Commonwealth's  attorney  the  cash  to  balance  their 
accounts,  if  any  is  due,  with  the  county  levy  and  the  county  school 
fund.  If  any  treasurer  fail  to  produce  said  cash  to  balance  his 
said  account,  then  said  court  shall,  after  service  of  rule  as  pre- 
scribed by  section  three  of  this  act,  suspend  said  treasurer  and 
.appoint  some  competent  person  to  discharge  his  duties,  as  pro- 
vided in  section  three  of  this  act.  (Codo,  See.  786a.  Sub.  Sec.  5) 

114.  Relief  of  any  county  or  city  treasurer  who  has  lost  the 
school  warrant  issued  to  any  county  or  city  treasurer. — Upon  the 
production  of  satisfactory  evidence  that  the  school  warrant  issued 
by  the  Auditor  of  Public  Accounts  to  any  county  or  city  treasurer 
for  any  year  has  been  lost,  and  that  the  amount  of  said  warrant 
lias  been  paid  in  the  manner  prescribed  by  law  by  the  treasurer 


91 

of  said  county  or  city,  the  Auditor  of  Public  Accounts  is  hereby 
authorized,  upon  settlement  with  said  treasurer,  to  credit  him  with 
the  amount  of  said  warrant:  provided,  that  the-  Auditor  of  Public 
Accounts  shall  take  from  the  said  treasurer  a  bond  of  indemnity 
of  sufficient  penalty,  with  proper  security,  conditioned  to  save  the 
Commonwealth  harmless  by  reason  of  the  loss  of  said  warrant. 
(Code,  Sec.  773b) 

115.  Limiting  the  time  in  which  warrants  drawn  by  the  super- 
visors, school  boards,  and  county  boards  shall  be  paid. — No  war- 
rant or  order  drawn  on  the  county  treasurer  of  any  county  by  the 
board  of  supervisors,  district  school  board,  or  circuit  court  shall 
be  paid  by  said  treasurer    unless  said  warrant  or  order  be  pre- 
sented to  be  paid    and  registered  in  a  book,  to  be  kept  by  the 
treasurer  for  that  purpose,   within  two   years  from   date  of  the 
drawing  of  the  said  warrant.     (Code,  Sec.  860a) 

116.  Ascertaining  and  publishing  a  statement  of  the  annual 
receipts  and  disbursements  of  the  counties  and  cities  of  the  Com- 
monwealth.— First.  The  treasurers  of  the  several  counties  and  cities 
of  the  Commonwealth  shall,  at  the  date  of  their  annual  settlements 
with  the  Auditor  of  Public  Accounts  as  required  by  law,  be,  and 
they  are  hereby,  required  to  furnish  to  the  Auditor  a  statement 
showing  the  amount  of  receipts  and  disbursements  of  the  county  or 
city,  as  the  case  may  be,  for  the  preceding  year.   Such  statement  of 
receipts  shall  show  what  amount  was  collected  by  the  county  or 
city   from    taxes    on   real    and   personal    property,    from   incomes, 
licenses,   and  all   other  sources.     The  statement  of  disbursements 
shall   show  what   amount  was  paid  on   account   of  judges,   Com- 
monwealth  attorneys,   clerks,   sheriffs,   schools,  roads,  for  support 
of  the  poor,  and  such  other  purposes  as  may  be  designated  as  here- 
inafter provided. 

Second.  It  shall  be  the  duty  of  the  Auditor  of  Public  Ac- 
counts to  make  out  and  furnish  to  the  treasurers  of  the  counties 
and  cities  of  the  Commonwealth,  thirty  days  prior  to  the  date 
fixed  for  their  annual  settlements  as  required  by  law,  proper  forms 
for  the  statements  required  by  the  first  section  of  this  act,  and  the 
Auditor  in  his  discretion  may  add  such  items  of  receipts  or  dis- 
bursements, in  addition  to  those  required  by  the  first  section  of 
this  act,  as  he  may  deem  proper. 

Third.  The  Auditor  at  the  time  of  publishing  his  annual  report 
shall  include  in  such  report  a  statement  or  table  of  the  receipts 
and  disbursements  of  the  several  counties  and  cities  of  the  Com- 


92 

monwealth  as  shown  by  the  returns  hereby  required.     (Code,  Sec. 
853a) 

117.  To  permit  city  and  county  school  boards  to  change  the 
depositaries  of  school  funds,  to  prescribe  the  methods  therefor, 
and  to  fix  the  compensation,  duties  and  responsibilities  of  such 
depositaries. — First.  It  shall  be  the  duty  of  the  superintendent  of 
schools  of  any  county  or  city  of  this  Commonwealth  whose  treasurer 
fails  to  pay,  upon  presentation,  any  warrant  drawn  on  him  for  school 
purposes,  to  require  such  treasurer  to  furnish  to  the  said  super- 
intendent, within  thirty  days  thereafter,  a  statement,  under  oath, 
of  all  moneys  in  his  hands  or  collected  by  him  for  school  pur- 
poses, whether  they  be  State,  county,  city,  or  district  funds,  and 
the  amount  of  each  of  said  funds  he  may  have  disbursed. 

Second.  Whenever  any  county  or  city  treasurer  refuses  or 
fails  to  furnish  the  statement  as  required  in  section  one  of  this 
act,  in  the  time  and  manner  therein  prescribed,  or  fails  to  pay, 
apon  presentation,  any  warrant  drawn  on  him  for  school  purposes, 
having  in  hand  sufficient  funds  to  pay  such  warrant,  it  shall  be  the 
duty  of  the  school  superintendent  of  such  county  or  city  to  notify 
the  school  board  thereof  of  such  failure;  and  it  shall  be  the  duty 
of  such  school  board,  and  they  are  hereby  empowered,  to  direct 
that  all  funds  held  by  the  treasurer  of  the  county  or  city  for 
school  purposes,  whether  they  be  State,  city,  county,  or  district 
funds,  be  transferred  and  paid  over  by  the  treasurer  of  said  county* 
or  city  to  such  depositary  as  the  said  county  or  city  school  board 
may  designate.  No  commission  shall  be  allowed  said  treasurer 
for  the  disbursement  of  any  money  he  is  hereby  required  to  turn 
over  to  the  depositary. 

Third.  The  county  or  city  school  board  shall  enter  on  their 
minutes  an  order  or  resolution  directing  the  transfer  of  funds  as 
provided  by  the  second  section  of  this  act,  and  designate  the  de- 
positary to  which  said  funds  are  to  be  paid,  and  shall  cause  a 
copy  of  said  order  or  resolution  to  be  delivered  to  the  judge  of 
the  county  or  corporation  court,  the  treasurer  of  the  county  or 
city,  and  the  several  district  school  boards  of  their  county. 

Fourth.  Such  depositary  shall  reside  in  the  county  or  city 
for  which  he  is  appointed,  and  before  receiving  any  money  under 
this  act  shall  enter  into  bond,  with  good  security,  before  the 
county  or  corporation  court  of  such  county  or  city,  or  the  judge  of 
such  court  in  vacation,  in  such  penalty  as  shall  be  prescribed  by 
such  court  or  judge,  which  bond  shall  be  payable  to  the  Common- 


93 

wealth,  and  with  conditions  to  faithfully  account  for  and  pay 
over  all  moneys  received  by  such  depositary  by  virtue  of  his  of- 
fice. 

Fifth.  Such  depositary  shall  receive  the  same  compensation 
as  is  paid  to  county  and  city  treasurers  for  disbursing  State 
school  funds,  and  be  subject  to  the  same  pains  and  penalties  as 
are  now  inflicted  by  law  on  county  or  city  treasurers,  and  be  re- 
covered before  the  same  courts  and  in  the  same  manner  as  the 
same  are  recovered  of  such  treasurers.  All  laws  now  in  force,  or 
hereafter  enacted  with  reference  to  drawing  warrants  for  school 
funds  on  county  or  city  treasurers,  the  payment  of  said  warrants, 
making  settlements  with  county  or  city  school  boards,  rendering 
statements,  paying  over  funds  to  depositaries,  or  in  any  way  af- 
fecting the  disbursement  of  funds  held  by  county  or  city  treas- 
urers for  school  purposes,  shall  apply  to  such  depositaries  in  like 
manner  as  the  same  apply  to  such  county  and  city  treasurers. 

Sixth.  As  soon  as  the  bond  required  of  the  depositary  under 
the  fourth  section  has  been  given,  the  city  school  board  and  the 
several  district  school  boards  shall  draw  warrants  on  such  treas- 
urer for  all  school  funds  in  his  hands,  whether  State,  city,  county 
or  district  funds,  in  favor  of  said  depositary,  and  deliver  the  same 
to  the  depositary.  The  warrants  shall  be  signed  by  the  president 
and  secretary  of  such  city  or  district  school  board  and  shall  be 
forthwith  presented  by  such  depositary  for  payment  to  the  treas- 
urer of  such  city  or  county,  who  shall  pay  the  same  on  demand. 

Seventh.  If  any  treasurer  of  any  city  or  county  shall  fail  to 
pay  any  such  warrant  on  demand  as  hereinbefore  provided  the 
amount  of  such  warrant,  together  with  damages  thereon,  after  the 
rate  of  ten  per  centum  per  month  and  costs,  including  an  attor- 
ney's fee  of  five  dollars,  may  be  recovered  of  him  and  the  sure- 
ties on  his  official  bond  by  said  depositary  in  the  manner  and  be- 
fore the  courts  mentioned  in  sections  eight  hundred  and  sixty-three 
and  eight  hundred  and  sixty-five  of  the  Code,  or  either  of  said  sec- 
tions. And  it  shall  be  the  duty  of  such  depositary  to  take  such 
proceedings  to  recover  the  amount  of  such  warrants.  (Code,  Sec. 
1506a) 

SCHOOL  FUNDS 

118.  Appropriation  of  glebe  lands  and  church  property.— The 
glebe  lands  and  church  property,  or  the  proceeds  thereof  held  by 


94 

the  overseers  of  any  county  under  the  act  of  the  twelfth  of  Jan- 
uary, eighteen  hundred  and  two,  or  under  any  other  act,  which 
may  not  have  been  applied  to  some  particular  object  under  a  local 
statute  passed  for  the  purpose,  shall  be  appropriated  to  such  ob- 
ject or  objects  (other  than  for  a  religious  purpose)  as  may  be. 
voted  for  in  such  county  (at  such  time  and  place  as  the  county 
court  may  prescribe)  by  a  majority  of  the  persons  entitled  to  vote 
in  the  county  for  a  delegate  therefrom  to  the  General  Assembly, 
and  if  no  such  object  be  so  voted  for,  shall  remain  vested  in  the 
said  overseers  and  be  appropriated  by  them  for  the  benefit  of  the 
poor  of  such  county.  (Code,  Sec.  1396) 

119.  Glebe  lands  and  church  property;  in  whom  vested  and 
how  applied. — All  glebe  lands   and  church  property,  or  the  pro- 
ceeds thereof,  which  may  be  appropriated  under  section  thirteen 
hundred  and  ninety-six,  for  education  in  any  county,  corporation, 
or  school  district,  shall  be  vested  in  the  school  board  of  the  county 
or  corporation,  and  when  given  to  a  school  district  shall  be  vested 
in  the  trustees  of  said  school  district  as  a  corporate  body,  and  shall 
be  managed  and  applied  by  the  said  school  trustees  of  such  dis- 
tricts according  to  the  wishes  of  the  donor,  under  regulations  pre- 
scribed by  the  county  or  corporation  school  board.     The  revenue 
or  income  thereof  shall  be  applied,  subject  to  the  same  penalties 
and  under  the  same  regulations  as  are  prescribed  in  respect  to 
that  portion  of  the  literary  fund  which  is  allotted  to  such  county, 
corporation,  or  school  district.     (Code,  Sec.  1419) 

120.  Fines,  and  so  forth,  shall  be  paid  into  treasury  to  credit 
of  literary  fund. — The  proceeds  of  all  fines  collected  for  offences 
committed  against  the  State  and  directed  by  section  seven  of  arti- 
cle eight  of  the  Constitution  of  Virginia   to  be  set  apart  as  a  part 
of  a  perpetual   and  permanent  literary  fund,   shall  be  paid   and 
collected  only  in  lawful  money  of  the  United  States,  and  shall  be 
paid  into  the  treasury  to  the  credit  of  the  literary  fund,  and  shall 
be  used  for  no  other  purpose  whatsoever.     (Code,  Sec.  743a) 

121.  The  literary  fund.— There  shall   be  set  apart  as  a  per- 
manent and  perpetual  literary  fund  the  present  literary  funds  of 
the  State,  the  proceeds  of  all  public  lands  donated  by  Congress 
for  public  school  purposes,  of  all  escheated  property,  of  all  waste 
and  unappropriated  lands,  of  all  property  accruing  to  the  State  by 
forfeiture,  and  all  fines    (except  where  it  is.  otherwise   expressly 
provided)    collected    for    offences    committed    against    the    State, 
donations  made  for  the  purpose,  and  such  other  sums  as  the  Gen- 


95 

eral  Assembly  may  appropriate.  The  same  shall  be  known  as 
"the  literary  fund,"  and  shall  be  invested  and  managed  by  the 
State  Board  of  Education  as  prescribed  by  the  eleventh  subdivi- 
sion of  section  fourteen  hundred  and  thirty-three  of  this  chapter. 
The  principal  of  the  said  fund  shall  always  remain  unimpaired 
and  entire,  and  the  annual  income  arising  therefrom  shall  be,  and 
is  hereby,  dedicated  exclusively  to  the  support  and  maintenance 
of  public  free  schools  in  this  State.  It  shall  be  the  duty  of  the 
Auditor  of  Public  Accounts  annually  to  pay  over,  in  money,  ac- 
cording to  the  usual  forms  and  general  provisions  of  law,  all  that 
portion  of  the  annual  revenue  of  the  State  which  is  set  apart 
for  public  free  school  purposes. 

The  proceeds  of  all  fines  collected  for  offences  committed 
against  the  State  and  directed  by  section  one  hundred  and  thir- 
ty-four of  article  nine  of  the  Constitution  of  Virginia  to  be  set 
apart  as  a  part  of  a  perpetual  and  permanent  literary  fund  shall 
be  paid  and  collected  only  in  lawful  money  of  the  United  States, 
and  shall  be  paid  into  the  treasury  to  the  credit  of  the  literary 
fund,  and  shall  be  used  for  no  other  purpose  whatsoever.  (CodeT 
Sec.  1505) 

122.  Approximate  apportionment  and  disbursement  of  State 
funds. — The  Auditor  of  Public  Accounts,  on  or  before  the  first 
day  of  November  of  each  year,  shall  make  a  calculation  of  the 
gross  amount  of  all  funds  applicable  to  public  free  school  pur- 
poses for  the  ensuing  year,  which  calculation  shall  be  based  upon 
the  land  and  property  books  of  the  several  commissioners  of  the 
revenue  for  said  year ;  and  when  said  books  have  not  been  re- 
ceived in  time  he  shall  base  said  calculation  upon  the  commis- 
sioners' books  of  the  next  preceding  year.  He  shall  report  to  the 
Superintendent  of  Public  Instruction,  not  later  than  the  first  day 
of  November  in  each  year,  ninety  per  centum  of  the  gross  amount 
of  all  funds  found  to  be  applicable  to  public  free  school  purposes 
for  the  current  year  as  an  approximate  basis  for  distribution; 
whereupon,  under  the  direction  of  the  State  Board  of  Education, 
there  shall  be  furnished  to  the  Auditor  a  distributive  statement 
of  the  amounts  due  the  several  counties  and  cities  in  the  State 
upon  this  approximate  basis. 

Upon  receipt  of  such  statement  the  Auditor  shall  issue  his 
warrant  upon  the  treasurer  of  the  State  for  one-half  of  the  amount 
each  city  or  county  is  entitled  to  receive,  payable  to  the  treasurer 
of  such  city  or  county;  and  on  the  first  day  of  February  follow- 


96 

ing  the  Auditor  shall  issue  his  warrant  upon  the  treasurer  of  the 
State  for  the  other  half  of  the  amount  each  city  or  county  is  en- 
titled to  receive,  payable  to  the  treasurer  of  such  city  or  county. 
<Code,  Sec.  1507) 

123.  Treasurer  to  pay  warrants. — All  warrants  drawn  by  dis- 
trict school  boards  upon  the  State  school  tax  iund  shall  be  paid  by 
the  county  or  city  treasurer  out  of  any  State  funds  received  by  him 
from  the  Auditor  of  Public  Accounts  or  the  Second  Auditor.     But 
in  no  case  shall  he  pay  out  a  greater  sum  for  any  district  than  the 
amount  of  State  school  funds  apportioned  to  said  district.     (Code, 
•Sec.  1509) 

124.  County    boards    to    compare    warrants. — At    the    annual 
meeting  in  August    in  each  year    the  county  school  boards  shall 
•compare   the  warrants   issued  by   each   district  board  with  those 
paid  by  the  treasurer,   and,  through  the   division  superintendent 
of  schools,  report  the  result  to  the  Superintendent  of  Public  In- 
struction.    (Code,  Sec.  1510) 

125.  Distribution  of  residue  of  State  funds. — Should  there  be 
found,  upon  the  collection  of  the  taxes,  an  amount  greater  than 
the  approximate   amount  hereinbefore  provided    due  to  the  pub- 
lic free  schools  of  the  State  for  any  one  year,  then  the  excess  due 
the   schools   shall   be   distributed   as   provided   by   section   fifteen 
hundred  and  seven,  and  nothing  in  the  school  law  shall  be  con- 
strued to  interfere  with  the  same.     (Code,  Sec.  1512) 

126.  Of  what  school  funds  to  consist. — The  funds  applicable 
annually  to  the  establishment,  support,  and  maintenance  of  pub- 
lic free  schools  in  this  State  shall  consist  of—- 
First. State  funds,  embracing  the  annual  interest  on  the  lit- 
erary  fund;    all    appropriations    made    by   the    General   Assembly 
for  public  free  school  purposes;  that  portion  of  the  capitation  tax 
provided  for  in  the  Constitution  to  be  paid  into  the  State  treasury 
and  not  returnable  to  the  counties,  and  such  tax  on  property,  not 
less  than  one  mill  nor  more  than  five  mills  on  the  dollar,  as  the 
General  Assembly  shall    from  time  to  tinle    order  to  be  levied. 
These  funds  shall   be   applied  exclusively  to   the  maintenance   of 
primary  and  grammar  schools. 

Second.  County  funds,  embracing  such  tax  as  shall  be  levied 
by  the  board  of  supervisors  in  pursuance  of  this  section,  and  dona- 
tions, or  the  income  arising  therefrom,  or  any  other  funds  that 
may  be  set  apart  for  district  (county)  school  purposes. 

Third.     District  funds,  embracing  such  tax  as  shall  be  levied 


97 

'by  the  board  of  supervisors  of  the  county  for  the  purposes  of  the 
school  district  in  pursuance  of  this  section;  such  dog  tax  as  shall 
be  applied  to  school  purposes  by  the  board  of  supervisors,  and 
donations,  or  the  income  arising  therefrom,  or  any  other  funds 
that  may  be  set  apart  for  district  school  purposes. 

The  board  of  supervisors  of  each  county,  at  the  regular  meet- 
ing in  April  of  each  year,  or  as  soon  thereafter  as  practicable,  or 
when  the-  division  superintendent  of  schools  shall  file  with  the  said 
Aboard  the  estimates  made  by  the  county  and  district  school  boards 
in  accordance  with  section  fourteen  hundred  and  sixty-six  of  this, 
chapter,  shall  levy  a  tax  of  not  less  than  ten  nor  more  than  forty 
•cents  on  the  hundred  dollars  of  the  assessed  value  of  the  real 
and  personal  property  in  the  county  for  the  support  of  the  public 
free  schools  of  the  county,  and  a  tax  of  not  less  than  ten  nor  more 
than  forty  cents  on  the  hundred  dollars  of  the  assessed  value  of  the 
real  and  personal  property  in  any  school  district  for  district  school 
purposes:  provided,  that  should  the  board  of  supervisors  fail  to 
make  a  levy  sufficient  to  raise  the  amounts  estimated  by  the 
•county  school  board  as  necessary  for  county  and  district  school  pur- 
poses, respectively,  it  shall,  upon  a  petition  in  writing  from  the 
county  school  board  praying  for  a  reference  of  the  question  of  such 
increase  in  the  levy  as  will  make  it  sufficient  to  raise  the  said 
estimated  amounts  to  the  qualified  voters  of  the  county  or  of  the 
district,  as  the  case  may  be,  submit  the  question  and  the  amount 
of  the  increase  to  the  qualified  voters  of  the  said  county  for  the 
increase  in  the  county  levy,  or  to  the  qualified  voters  of  the  said 
district  as  to  the  increase  in  the  district  levy:  provided,  however, 
that  the  total  levy  for  county  and  district  school  purposes  shall 
not  exceed  fifty  cents  on  the  hundred  dollars  of  the  assessed  value 
of  the  taxable  property  in  both  the  county  and  the  district:  pro- 
vided further,  that  no  such  increased  levy  shall  be  made  unless 
a  majority  of  the  qualified  voters  voting  at  the  election  shall  vote 
in  the  affirmative.  In  towns  that  constitute  single  school  districts 
the  council  instead  of  the  board  of  supervisors  may  make  the  levy 
for  district  school  purposes. 

Boards  of  supervisors  may  be  permitted  to  make  a  less  rate  of 
levy  than  the  minimum  rates  of  county  or  district  school  levies 
named  above  in  any  case  by  a  special  order  of  the  State  Board  of 
Education  if  in  the  judgment  of  said  board  the  said  less  rate  of 
levy  will  produce  sufficient  funds  to  provide  adequate  school  facili- 
ties in  the  county  or  district  concerned.  (Code,  Sec.  1506) 


98 

127.  Requiring  the  several  county  and  district  school  boards 
of  Virginia  to  make  and  publish  annually  a  statement  of  receipts 
and  disbursements,  and  providing  a  penalty  for  failing  to  do  so.— 

1.  Be  it  enacted  by  the  General  Assembly  of  Virginia,  That 
an  act  entitled  an  act  requiring  the  several  county  and  district 
school  boards  of  Virginia  to  make  and  publish  annually  a  statement 
of  receipts  and  disbursements,  and  providing  a  penalty  for  failing 
to  do  so,  approved  March  tenth,  nineteen  hundred  and  six,  be 
amended  and  re-enacted  so  as  to  read  as  follows: 

That  the  several  county  school  boards  in  Virginia  be  required 
to  cause  to  be  made  out  immediately  after  the  annual  settlement 
with  the  county  treasurer  a  statement  showing  the  receipts  and 
disbursements  of  the  school  funds  in  each  district  for  the  year  then 
ending,  which  said  statement  shall  be  published  in  some  newspaper, 
if  one  is  published  in  the  county,  and  printed  as  a  hand-bill,  shall 
be  posted  at  the  front  door  of  the  county  court-house  and  at  the 
yoting  place  of  the  clerk  of  each  school  district. ,  Said  statement 
shall  be  made  out  in  the  following  form  for  each  district: 


Name  of  district 

RECEIPTS 

Total  balances  on  hand  from  preceding  year,  $. 
Amount  received  from  State  school  funds,  $. 
Amount  received  from  the  county  school  levy,  $. 
Amount  received  from  the  district  school  levy,  $. 
Amount  received  from  all  other  sources,  stat- 
ing sources,  $ 


Total  receipts  and  balances,  $. 

DISBURSEMENTS 


Amount  paid  school  trustees 

Amount  paid  county  treasurer 

Amount  paid  teachers  (number  of  teachers) 


Also  a  statement  of  any  other  expenditures  not  covered  in 
either  of  the  above  items,  which  said  statement  shall  be  itemized 
in  the  following  form: 


99 


Amount  spent  for  school-houses $, 

Amount  spent  for  furniture  for  school-houses,  $, 
Amount  spent  for  other  incidental  expenses. . .   $, 


Total  balances  on  hand 

Total  disbursements  and  balances 


It  shall  be  the  duty  of  the  division  superintendent  of  schools 
to  see  that  the  said  statement  is  published  and  posted  at  the  court- 
house as  aforesaid.  It  shall  be  the  duty  of  the  clerk  of  each  dis- 
trict board  to  post  said  statement  at  his  voting  precinct. 

The  judge  of  the  circuit  court,  at  the  session  of  his  court  next 
succeeding  the  annual  settlement  of  the  county  and  district  school 
boards  with  the  county  treasurer,  shall,  in  his  discretion,  instruct 
the  grand  jury  to  ascertain  whether  or  not  the  county  school  board 
and  the  division  superintendent  and  district  clerks  have  published 
and  posted  the  statements  herein  required,  and  if  the  grand  jury 
shall  discover  that  said  statements  have  not  been  made  or  have 
not  been  published  and  posted  as  required  by  law,  then  indict- 
ments shall  be  found  against  each  of  the  officers  or  trustees  who 
have  been  delinquent  in  the  performance  of  their  duties  as  afore- 
said, who  shall  be  deemed  guilty  of  a  misdemeanor  and,  upon  con- 
viction, shall  be  fined  not  less  than  one  dollar  nor  more  than  one 
hundred  dollars.  (Acts  1908,  page  555) 

128.  Boards  of  supervisors  to  fix  and  order  county  and  school 
levies. — The  board  of  supervisors  of  each  county  shall  have  power, 
and  it  shall  be  their  duty,  at  regular  meeting  in  the  month  of  April 
in  each  year,  or  as  soon  thereafter  as  practicable — 

First.  To  fix  and  order  county  levies. — To  fix  the  amount  of  the 
county  levies  for  the  current  year ;  to  order  the  levy  on  all  prop- 
erty assessed  with  tax  within  the  county  and  on  the  capital  in- 
vested, used,  or  employed  in  mercantile  busines§ ;  moneys  and  cred- 
its actively  used  and  employed  in  carrying  on  the  mercantile  busi- 
ness, including  goods,  wares,  and  merchandise  on  hand,  and  all 
solvent  bonds,  demands  or  claims  made  or  contracted  in  the  course 
of  business  during  the  preceding  year  shall  be  held  to  be  capital 
in  such  mercantile  business;  to  order  the  levy  on  the  real  estate 
and  personal  property  of  telegraph  and  telephone  companies  and 
railroad  companies  and  their  telegraph  lines  which  pass  through 
their  respective  counties,  except  such  as  are  exempt  from  county 
or  other  local  taxes,  based  upon  the  assessment  per  mile  made  by 


100 

the  State  for  its  purposes  and  furnished  by  the  Auditor  of  Pub- 
lic Accounts  to  said  board;  or  the  order  of  levy  may  be  a  certain 
per  centum  upon  the  amount  of  the  State  tax. 

Second.  To  levy  school  taxes. — To  levy  a  tax  upon  all  the 
property  in  the  county  upon  which  county  levies  are  laid  sufficient 
to  raise  the  amount  recommended  by  the  county  school  board  in 
their  estimates  for  county  school  purposes,  or  so  much  thereof  as 
it  may  allow ;  and  to  levy  a  tax  upon  such  property  in  each  school 
district  sufficient  to  raise  the  amount  recommended  by  the  county 
school  board  for  district  school  purposes,  or  so  much  thereof  as 
it  may  allow;  but  the  tax  so  levied  shall  not  be  less  than  the  mini- 
mum nor  exceed  the  maximum  prescribed  in  the  third  subdivision 
of  section  fifteen  hundred  and  six.  (Code,  Sec.  833a) 

129.  To  authorize  and  require  the  board  of  supervisors  to  levy 
a  sufficient  tax  in  addition  to  the  levy  authorized  by  law  to  be  laid 
for  general  district  school  purposes    to  pay  the  interest  on  and 
principal  of  certain  bonds  as  the  same  shall  become  due. — The  board 
of  supervisors  of  any  county   wherein  the  board  of  school  trustees 
in  any  school  district  of  such  county  has,  prior  to  the  passage  of 
this  act,  issued  bonds  under  any  special  act  of  the  General  Assem- 
bly, be,  and  is  hereby,  authorized  and  required  to  levy  annually 
a  sufficient  tax  on  the  property  in  such  school  district,  in  addition 
to  the  annual  levy  authorized  by  law  to  be  laid  for  general  district 
school  purposes,  to  pay  the  interest  on  and  principal  of  such  bonds 
as  the  same  shall  annually  accrue  or  mature:  provided,  however, 
that  such   annual  levy  shall   not   exceed  the  rate   of  twenty-five 
cents  on  the  one  hundred  dollars  of  the  assessed  value  of  such  prop- 
erty.    (Code,  Sec.  834a) 

130.  Assessment  of  school  taxes;  district  taxes  to  be  kept  sepa- 
rate; duty  of  Auditor  as  to  land  and  property  books. — All  taxes 
imposed  for  public  free  school  purposes,  whether  by  the  State  or 
by  or  for  any  county,  or  by  or  for  any  school  district,  shall  be  as- 
sessed at  the  same  time  and  in  the  same  manner  as  are  State  and 
county  taxes  for  ordinary  purposes;  and  in  any  county  or  district 
where  such  tax  has  been  levied  by  the  board  of  supervisors  of  the 
county  .it  shall  be  the  duty  of  the  commissioners  of  the  revenue 
therein  to  extend  such  tax  in  the  copies  of  their  land  and  property 
books  which  they  return  to  the  treasury  of  the  county.  Where  two 
or  more  school  districts  are  included  in  the  same  commissioner's 
district    it  shall  be  his  duty,  when  he  extends  the  school  tax  in 
his  land  and  property  books,  to  keep  separate  the  tax  for  each 


101        C  A  :      S'T#f'A  1A 

school  district,  indicating  by  name  or  number  the  district  wherein 
the  property  is  taxed.  It  shall  be  the  duty  of  the  Auditor  of  Public 
Accounts  to  have  the  land  and  property  books  prepared  with  three 
columns,  one  for  entering  the  county  school  levies,  one  for  entering 
the  district  school  levies,  and  the  third  for  entering  the  name  or 
number  of  the  school  district  wherein  the  property  is  taxed.  The 
said  land  and  property  books  shall  be  so  ruled  as  to  provide  for  the 
proper  assessing  of  all  local  school  taxes,  including  those  on  prop- 
erty, et  cetera,  not  assessed  with  State  taxes.  (Code,  Sec.  1514) 

131.  Commissioner  of  revenue  to  extend  levies  and  taxes ;  com- 
pensation therefor. — The  commissioner  shall  extend  in  his  land  book 
and  book  of  personal  property  the  county  and  city  levies,  including 
the  school  and  road  tax ;  and  for  this  additional  service  he  .shall 
receive  such  compensation  as  the  board  of  supervisors  or  council, 
as  the  case  may  be,  may  deem  reasonable.     (Code,  Sec.  509) 

132.  License  tax  on  dogs  for  protection  of  sheep  and  other 
stock;  balance  on  hand  to  be  devoted  each  year  to  county  school 
funds  or  public  roads. — First.  It  shall  be  the  duty  of  the  commis- 
sioners of  the  revenue  in  the  counties  of  this  State  to  take  annually, 
at  the  time  of  listing  the  taxable  property  therein,  a  list  of  all  dogs 
over  three  months  old,  showing  whether  male  or  female,  with  the 
name  of  the  owner  or  person  in  whose  possession  the  same  is  found, 
upon  the  oath  or  affirmation  of  the  owner  or  housekeeper  or  head  of 
the  family  with  whom   or  on  lot  or  premises  occupied  by  him,  any 
dog  or  dogs  may  be  found,  as  to  the  number  of  dogs  such  person  may 
own  or  have,  or  as  may  be  on  the  lot  or  premises  occupied  by  him, 
whether  owned  by  him  (or  her)  or  not;  and  should  the  commissioner 
fail  or  omit  to  list  a  dog,  it  shall  be  his  duty  to  make  a  note  of  it  on 
his  books  for  the  next  fiscal  year,  and  the  owner  of  said  dog  shall 
be  chargeable  with  said  tax  in  addition  to  any  tax  he  shall  then 
owe,  and  shall  return  such  lists  of  dogs  to  the  clerk's  office  of  their 
respective   counties   at  the  time  when  they  return   their  lists   of 
taxable  property.     In  addition  to  the  fines  and  penalties  and  for- 
feitures as  are  now  incurred  by  them  for  neglect  of  similar  duties 
under  existing  law,  the  commissioner  shall  be  liable  to  a  fine  or 
forfeiture  of  fifty  cents  for  every  wilful  or  negligent  failure  to 
list  any  dog.     The  fees  for  the  commissioner  of  the  revenue  shall 
be  five  cents  for  each  dog  listed  by  him,  to  be  paid  out  of  the  fund* 
derived  from  the  license  tax  on  dogs   upon  the  order  of  the  board 
of  supervisors. 

Second.  That  in  every  case  where  the  owner  of  the  dog  fails 


;nls«*r>.:i;J  -si    :  r;  ^  :          102 

to  pay,  by  the  first  day  of  July  next  succeeding  the  return  of  said 
lists  the  license  tax  provided  for  in  the  third  section  of  this  act, 
it  shall  be  the  duty  of  the  constable  of  the  district  in  which  said 
delinquent  resides,  or,  if  there  be  no  constable  serving  in  said  dis- 
trict, then  it  shall  be  the  duty  of  the  sheriff,  or  a  deputy  sheriff  of 
the  county  in  which  the  delinquent  resides,  to  kill  said  dog,  for 
which  he  shall  receive  a  fee  of  fifty  cents  out  of  the  funds  herein- 
after provided,  and  to  that  end  the  said  constable,  sheriff,  or  deputy 
sheriff  shall  obtain  annually,  during  the  month  of  July,  from  the 
county  treasurer,  a  list  of  all  delinquents  under  this  act  in  his  dis- 
trict, and  shall  within  thirty  days  after  receiving  such  list  kill  • 
said  dogs,  unless  the  tax  on  them,  together  with  a  fee  of  twenty- 
five  eents  to  said  constable,  sheriff,  or  deputy  sheriff,  is  forth- 
with paid,  and  on  his  wilful  or  negligent  failure  to  do  so,  when 
practicable,  he  shall  pay  a  fine  of  five  dollars  for  each  dog  he  so 
fails  to  kill.  The  constable,  or  sheriff,  or  deputy  sheriff,  shall  at  the 
expiration  of  the  thirty  days  account  to  the  treasurer  of  his  county 
for  all  taxes  collected  by  him  under  this  section. 

Third.  That  when  said  commissioners  of  the  revenue  shall  have 
ascertained  the  number  of  dogs,  they  shall  assess  a  license  tax  of 
fifty  cents  per  head  on  all  male  dogs  and  all  spayed  female  dogs, 
and  one  dollar  per  head  on  all  unspayed  female  dogs,  and  the  said 
sums  so  assessed  shall  be  collected  and  accounted  for  by  the  county 
treasurer  as  county  levies  are  by  law  directed  to  be  collected  and 
accounted  for,  and  the  treasurer  shall  keep  a  separate  account  of 
the  fund  arising  from  said  tax.  The  said  fund  shall  be,  and  the 
same  is  hereby,  appropriated  for  remunerating  the  inhabitants  of 
said  counties  for  any  loss  they  may  sustain  from  dogs  killing  or 
crippling  their  sheep,  lambs,  or  any  other  stock,  and  for  paying 
for  the  expenses  necessary  to  carry  this  act  into  effect;  and  any 
balance  remaining  on  hand  for  any  year  shall  be  appropriated  to 
the  county  school  fund  of  public  schools,  or  to  the  public  road  fund, 
as  the  board  of  supervisors  may  determine,  to  be  used  in  accord- 
ance with  the  laws  governing  the  disposition  of  such  funds. 
*########## 

Twelfth.  Provided,  however,  the  provisions  of  this  act  shall 
not  apply  to  any  incorporated  city  or  town  of  this  State  now  or 
hereafter  having  a  municipal  dog  tax  law,  or  to  any  county  having 
a  special  dog  tax  law:  provided  further,  that  the  repeal  of  any 
special  dog  tax  law  of  any  county  or  town  in  this  State  now  hav- 
ing such  special  law  shall  operate  to  place  such  county  or  town  un- 


103 

der  the  provisions  of  this  act,  with  power  in  the  board  of  supervi- 
sors of  such  county  to  adjust  claims  against  said  county  or  town 
under  the  said  special  law  out  of  the  funds  derived  from  the 
operations  of  this  act ;  and  the  boards  of  supervisors  of  the  counties, 
and  the  councils  of  the  town  where  there  is  a  special  law  im- 
posing taxes  on  dogs,  may,  by  a  vote  of  a  majority  of  the  mem- 
bers elected  thereto,  repeal  and  set  aside  such  special  law,  and 
when  so  repealed  and  set  aside  the  provisions  of  this  act  shall 
apply  to  such  counties  and  towns.  (Code,  Sec.  501a) 

133.  Taxation  of  shares  of  stock  issued  by  banks  located  in 
counties  and  cities. — First.  Hereafter  each  county  or  city  in  which 
any  bank,  either  national  or  State,  is  so  located,  may,  subject  to  the 
conditions  mentioned  below,  tax  all  the  shares  of  stock  issued  by  any 
such  bank  so  located  within  its  limits  at  the  same  rate  as  is  as- 
sessed upon  other  moneyed  capital  in  the  hands  of  individuals  re- 
siding in  such  county  or  city. 

Second.  That  in  so  taxing  said  shares  the  said  county  or  city 
authorities,  resepctively,  shall  follow  the  mode  of  assessment  and 
manner  of  collection  prescribed  by  statute  for  the  collection  of  State 
taxes  upon  said  shares. 

Third.  Whenever  any  commissioner  of  the  revenue,  before 
closing  his  assessment  rolls  or  tax  lists,  shall  receive  from  the 
cashier  of  a  bank  furnishing  a  list  of  the  holders  of  bank  stock  as 
required  by  law  for  the  purposes  of  State  taxation,  or  from  the 
owner  of  any  stock  mentioned  therein,  a  certificate  of  the  commis- 
sioner of  the  revenue  of  the  county  or  city  of  the  State  in  which 
the  owner  of  such  stock  lives,  stating  that  certain  shares  of  the 
stock  mentioned  in  said  list  are  owned  by  a  resident  of  that  county 
or  city,  and  that  the  same  have  been  returned  for  taxation  for  that 
year  in  such  city  or  county,  then  the  said  commissioner  of  the 
revenue  to  whom  the  said  list  of  the  holders  of  such  bank  stock 
has  been  furnished  shall  deduct  from  the  aggregate  value  of  the 
shares  set  forth  in  said  list  the  aggregate  value  of  the  shares  men- 
tioned in  said  certificate.  The  shares  owned  by  non-residents  of 
this  State  shall  be  taxed  only  at  the  place  where  the  bank  issuing 
the  shares  is  located.  (Code,  Sec,  1040a) 

134.  Taxation  of  shares  of  stock  issued  by  banks  located  in 
towns.— Each  town  in  which  any  bank,   either  national  or  State, 
is  located  may  tax  all  the  shares  of  stock  issued  by  such  bank  so 
located  within  its  limits  at  the  same  rate  as  is  assessed  upon  other 
moneyed  capital  in  the  hands  of  individuals. 


In  taxing  said  shares  the  said  town  authorities  shall  follow  the 
mode  of  assessment  and  manner  of  collection  prescribed  by  statute 
for  the  collection  of  State  taxes  upon  said  shares.  (Code,  Sec. 
1040b) 

135.  Assessment  of  oysters  for  taxation;  collection  of  tax.— 
It  shall  be  the  duty  of  each  inspector  of  oysters,  on  the  first  day 
of  October  annually,  to  proceed  to  assess  for  taxation  for  State 
and  county  purposes  all  oysters  planted  or  shells  deposited  for 
propagation  of  oysters  in  his  county  or  district;  he  shall  go  upon 
and  examine  said  oysters  and  shells  and  fix  a  valuation  on  the 
same,  and  make  a  full  and  complete  list  of  the  names  of  owners 
of  said  oysters  and  shells,  where  located,  number  of  bushels  of  oys- 
ters, their  value  per  bushel,  giving  the  aggregate  value  of  the 
full  amount;  names  of  owners  of  shells  deposited,  where  located, 
and  total  value — which  list,  to  be  made  out  in  the  form  to  be  fur- 
nished by  the  Auditor  of  Public  Accounts  and  sworn  to  before  a 
notary  public,  a  magistrate,  commissioner  in  chancery,  or  clerk  of 
the  court,  shall  be  filed  on  or  before  the  fifteenth  day  of  November 
in  the  clerk's  office  in  the  county  where  the  inspector  resides.  If 
any  person  consider  himself  aggrieved  by  such  assessment  and 
valuation,  he  may  apply  for  correction  of  the  same  under  the  pro- 
visions of  sections  five  hundred  and  sixty-seven  and  five  hundred 
and  sixty-eight  of  the  Code  of  Virginia  providing  for  the  correction 
of  erroneous  assessment  of  taxes.  The  inspector  shall  be  summoned 
as  a  witness  when  the  application  i£  heard  by  the  court.  It  shall 
be  the  duty  of  the  clerk  of  the  county  forthwith  to  extend  the 
amount  on  the  return  of  the  inspector  of  all  taxes  to  be  paid  by 
each  person  for  State,  county,  and  school  purposes  on  the  same 
basis  as  other  personal  property  is  taxed,  and  the  said  clerk  shall 
forthwith  make  out  four  copies  of  said  assessment  and  return  one 
en  or  before  the  first  day  of  December  to  the  inspector,  deliver 
one  copy  to  the  county  treasurer,  forward  the  third  to  the  Auditor 
of  Public  Accounts,  and  the  fourth  to  the  State  Board  of  Fisheries. 
The  inspector  shall  on  the  first  day  of  December  of  each  year  pro- 
ceed to  collect  said  tax  so  assessed  from  the 'parties  who  are  liable 
for  said  tax,  and  shall  have  all  the  powers  now  given  to  county 
and  city  treasurers  for  the  collection  of  taxes;  said  inspector  shall 
on  May  first  of  each  year  settle  in  full  with  the  Auditor  of  Public 
Accounts  for  all  State  revenue  he  has  received,  reporting  the 
amounts  so  collected  to  the  State  Board  of  Fisheries,  to  be  ac- 


105 

counted  for  in  the  general  oyster  fund  of  the  State ;  and  also  settle 
with  the  board  of  supervisors  of  each  county  and  pay  over  to  the 
treasurer  of  said  county  all  money  collected  for  county  purposes 
when  said  board  shall  so  order.  The  full  compensation  for  the  as- 
sessment of  the  property  and  the  collecting  of  the  taxes  shall  be 
ten  per  centum  on  full  amount  collected.  The  clerk  shall  be  paid 
for  his  services  as  provided  for  in  this  section  out  of  the  amount 
of  the  county  tax  turned  over  by  said  inspector  such  sum  as  may  be 
fixed  by  the  board  of  supervisors.  Any  inspector  or  clerk  failing 
to  discharge  any  duty  imposed  by  this  section  shall  be  fined  not 
less  than  twenty  nor  more  than  one  hundred  dollars.  (Code,  Sec. 
2140a) 

136.  To  protect  the  owners  of  timber  and  logs  from  depreda- 
tion; proceeds  of  sales  to  go  into  school  funds. — First.  Every 
person,  firm,  or  corporation  dealing  in  logs  or  timber  in  any 
form  to  be  floated  on  the  streams  of  this  State  shall  be  called 
and  known  as  timber  dealers,  and  as  such  may  adopt  a  brand 
or  trade  mark  in  the  manner  and  with  the  effect  hereinafter  pro- 
vided. 
##****####» 

Seventh.  Every  person. who  shall  take,  catch,  hold,  or  have  in 
liis  possession   any  log  or  other  marketable  timber  not  branded 
as  aforesaid  without  the  written  consent  of  the  owner  thereof  shall, 
within  ten  days  after  catching,  taking  up,  or  getting  possession  of 
the  same  as  aforesaid  report  the  same  in  writing  to  the  county  clerk 
of  the  county  in  which  said  person  resides,  and  thirty  days  after: 
such  report  is  received  the  sheriff  of  said  county  shall  sell  the  same^ 
publicly  at  the  court-house  door  on  the  first  day  of  a  county  court- 
in  said  county,  of  which  notice  shall  be  given  by  said  sheriff  for  at; 
least  ten  days  by  written  or  printed  notices  posted  at  the  front; 
door  of  said  court-house,  or  near  thereto,  and  at  one  or  more  public^ 
places  in  said  county.   Any  person  owning  said  logs  or  timber  may., 
however,   recover  the   same,  satisfying  the  sheriff  that  he  is   en- 
titled to  it,  or  by  action  of  detinue,   as  provided  by  law.     Said 
sale  shall  be  made  for  cash  and  the  proceeds,  when  collected,  after 
paying  the  expenses  of  sale,  including  a  fee  of  twenty-five  cents 
for  each  log  or  piece  of  timber  so  sold,  shall  be  paid  to  the  treas- 
urer of  the  county  for  the  benefit  of  the  public  schools  of  the  dis-- 
trict  in  which  the  party  reporting  the  same  shall  at  that  time  re- 
side.    Any  person  failing  to  report  to  said  clerk  as  aforesaid  or 


106 

to  turn  over  said  log  or  other  timber  to  said  sheriff,  or,  any  sheriff 
failing  or  refusing  to  advertise  and  sell  such  log  or  timber  as 
aforesaid,  shall  be  guilty  of  a  misdemeanor  and  fined  not  less  than 
ten  nor  more  than  one  hundred  dollars  for  each  offence.  (Code, 
Sec.  1906c) 

137.  What  real  estate  exempt  from  taxation. — The  following 
real  estate,  and  no  other,  shall  be  exempt  from  taxation,  State  and 
local : 

(a)  Real  estate  directly  or  indirectly  owned  by  the  State,  how- 
-ever  held,  and  real  estate  lawfully  owned  and  held  by  counties, 
cities,  towns,  or  school  districts  used  wholly  and  exclusively  for 
county,  city,  town,  or  public  school  purposes. 

(b)  Buildings  with  land  they  actually  occupy  lawfully  owned 
.and  held  by  churches  or  religious  bodies  and  wholly  and  exclusive- 
ly used  for  religious  worship,  or  for  the  residence  of  the  minister 
of  any  such  church  or  religious  body,  together  with  the  additional 
.adjacent  land  reasonably  necessary  for  the  convenient  use  of  any 
fluch  building. 

(c)  Private  family  burying-grounds  not  exceeding  one  acre  in 
•area,  reserved  as  such  by  will  or  deed,  or  shown  by  other  sufficient 
evidence  to  be  reserved  as  such  and  so  exclusively  used,  and  pub- 
lic burying-grounds,  and  lots  therein  exclusively  used  for  burial 
purposes  and  not  conducted  for  profit,  whether  owned  or  managed 
by  local  authorities  or  by  private  corporations. 

(d)  Buildings  with  the  land  they  actually  occupy,  wholly  de- 
voted to  educational  purposes,  belonging  to  and  actually  and  exclu- 
sively occupied  and  used  by  churches,  public  libraries,  incorporated 
colleges,   academies,  industrial  schools,  seminaries  or  other  incor- 
porated institutions  of  learning,  including  the  Virginia  Historical 
Society,  which  are  not  -corporations  having  shares  of  stock  or  other- 
wise owned  by  individuals  or  other  corporations,  together  with  such 
additional    adjacent    land    owned    by    said    churches,    libraries, 
and  educational  institutions  as  may  be  reasonably  necessary  for  the 
•convenient  use  of  such  buildings,  respectively;  and  also  the  build- 
ings thereon  used  as  residences  by  the  officers  or  instructors  of  such 
educational  institutions:  provided,  that  such  libraries  and  educa- 
tional institutions  are  not  conducted  for  profit  of  any  person  or 
persons,  natural  or  corporate,  directly  or  under  any  guise  or  pre- 
tense whatsoever.     But  the  exemption   mentioned  in  this  subsec- 
tion shall  not  apply  to  any  industrial  school,  individual  or  corpo- 
rate, not  the  property  of  the  State,  which  does  work  for  compensa- 


107 


tion  or  manufactures  and  sells  articles  in  the  community  in  which 
such  school  is  located:  provided,  that  nothing  herein  contained 
shall  restrict  any  such  school  from  doing  work  for  or  selling  its 
own  products  or  any  other  articles  to  any  of  its  students  or  em- 
ployees. * 

(e)  Real  estate  belonging  to,  actually  and  exclusively  occupied 
and  used  by  young  men's  Christian  associations  and  other  similar 
religious  associations,  orphan  or  other  asylums,  reformatories,  hos- 
pitals, and  nunneries  which  are  not  conducted  for  profit  but  purely 
and  completely  as  charities. 

(f )  Buildings,  with  the  land  they  actually  occupy,  belonging  to 
any  benevolent  or  charitable  association  and  used  exclusively  for 
lodge   purposes    or  meeting   rooms   by   such   association,   together 
with  such  additional  adjacent  land  as  may  be  necessary  for  the 
convenient  use  of  the  buildings  for  such  purposes;  and 

(g)  Real  estate  belonging  to  the  Association  for  the  Preserva- 
tion of  Virginia  Antiquities,  the   Confederate   Memorial  Literary 
Society,  and  the  Mount  Vernon  Ladies'  Association  of  the  Union. 

No  inheritance  tax  shall  be  charged,  directly  or  indirectly, 
against  any  legacy  or  devise  made  according  to  law  for  the  bene- 
fit of  any  institution  or  other  body  or  any  natural  or  corporate  per- 
son whose  property  is  exempt  from  taxation  as  mentioned  in  this 
chapter. 

Nothing  contained  in  this  chapter  shall  be  construed  to  exempt 
from  taxation  the  property  of  any  person,  firm,  association,  or  cor- 
poration who  shall,  expressly  or  impliedly,  directly  or  indirectly, 
contract  or  promise  to  pay  any  sum  of  money  or  other  benefit  on 
account  of  death,  sickness,  or  accident  to  any  of  its  members  or 
any  other  persons;  and  whenever  any  building  or  land,  or  part 
thereof,  mentioned  in  this  section  and  not  belonging  to  the  State, 
shall  be  leased  or  shall  be  a  source  of  revenue  or  profit,  all  of 
such  buildings  and  land  shall  be  liable  to  taxation  as  other  land 
and  buildings  in  the  same  county,  city,  or  town;  and  nothing 
herein  contained  shall  be-  construed  as  authorizing  or  requiring 
any  county,  city,  or  town  to  tax  for  county,  city,  or  town  pur- 
poses, in  violation  of  the  rights  of  the  lessees  thereof  existing 
under  any  lawful  contract  heretofore  made,  any  real  estate  owned 
by  such  county,  city,  or  town,  and  heretofore  leased  by  it  (Code, 
Sec.  457) 

138,  What  personal  property  is  exempt  from  taxation.— The 


108 

following  personal  property  and  no   other  shall  be   exempt  from 
taxation,  State  and  local : 

(a)  Property  directly  or  indirectly  owned  by  the  State,  how- 
ever held,  and  property  lawfuly  owned  and  held  by  counties,  cities, 
towns,  or  school  districts  us*ed  wholly  and  exclusively  for  county, 
city,  town,  or  public  school  purposes,  and  obligations  issued  by  the 
State    since   the    fourteenth    day   of   February,    eighteen    hundred 
and  eighty-two,  or  hereafter  exempted  by  law. 

(b)  The  furniture  and  furnishings  of  building   lawfully  owned 
and  held  by  churches  or  religious  bodies  and  wholly  and  exclu- 
sively used  for  religious  worship  or  for  the  residence  of  the  minis- 
ters of  any  such  church  or  religious  body. 

(c)  The  furniture,  furnishing,  books,  and  instruments  contain- 
ed in  buildings  wholly  devoted  to  educational  purposes,  belonging 
to,  and  actually  and  exclusively  used  by  churches,  public  libraries, 
incorporated  colleges,  academies,  industrial  schools,  seminaries,  or 
other  incorporated  institutions  of  learning,  including  the  Virginia 
Historical   Society,   which   are  not   corporations   having   shares   of 
stock   or  otherwise   owned   by  individuals   or   other   corporations; 
and   also  the  permanent  endowment  funds  held  by  such  libraries 
and  enducatibnal  institutions,  directly  or  in  trust  and  not  invested 
in  real  estate:  provided,  that  such  libraries  and  educational  insti- 
tutions  are   not   conducted   for  profit   of   any  person   or   persons, 
natural  or  corporate,  directly  or  under  any  guise  or  pretense  what- 
soever.   But  the  exemption  mentioneed  in  this  subsection  shall  not 
apply  to   any  industrial  school,   individual   or   corporate,   not  the 
property  of  the  State,  which  does  work  for  compensation  or  manu- 
factures and  sells  articles  in  the  community  in  which  such  school 
is  located:  provided,  that  nothing  herein  contained  shall  restrict 
any  such  school  from  doing  work  for  or  selling  its  own  products 
or  any  other  .articles  to  any  of  its  students  or  employees. 

(d)  Personal   property,    including    endowment   funds,    not   in- 
vested in  real  estate,  belonging  to  young  men's  Christian  associa- 
tions   and    other   similar    religious    associations,    orphan    or    other 
asylums,  reformatories,  hospitals,  and  nunneries,  which  are  not  con- 
ducted for  profit,  but  purely  and  completely  as  charities. 

(e)  The  furniture  and  furnishings  of  buildings  belonging  to 
any  benevolent  or  charitable  association  and  used  exclusively  for 
lodge  purposes  or  meeting  rooms  by  such  association. 

(f )  Personal  property  belonging  to  the  Association  for  the  Pre- 
servation of  Virginia   Antiquities,   the   Confederate   Memorial   Lit- 


109 

erary  Society,  and  the  Mount  Vernon  Ladies'  Association  of  the 
Union.     (Code,  Sec.  488) 

139,  State  school  taxes. — The  statute  provides  in  part  that— 

(a)  On  tracts  of  lands  and  lots,  and  the  improvements  thereon, 
not   exempt  from   taxation,   ground   rents   and  rent   charge,   there 
shall  be  a  tax  of  twenty  cents  on  every  hundred  dollars  of  the  as- 
sessed value  thereof,  the  proceeds  of  which  shall  be  applied  to  the 
support  of  the  government,  and  a  further  tax  of  ten  cents  on  every 
hundred  dollars  of  the  assessed  value  thereof,  which  shall  be  ap- 
plied to  the  support  of  the  public  free  schools  of  the  State.     (Code 
1904,  p.  2191,  cl.  2) 

(b)  Upon  every  male  person    who  has  attained  the  age  of  21 
years,  except  those  pensioned  by  this  State  for  military  services, 
there  shall  be  a  tax  of  one  dollar  and  fifty  cents,  of  which  one  dol- 
lar shall  be  for  aid  of  the  public  free  schools    and  fifty  cents  shall 
be  returned  and  paid  into  the  treasury  of  the  county  or  city  in 
which  it  shall  have  been  collected.     (Code,  p.  2192,  cl.  5) 

(c)  On  all  tangible  personal  property  there  shall  be  a  tax  of 
twenty  cents  on  every  hundred  dollars  of  the  assessed  value  there- 
of, the  proceeds  of  which  shall  be  applied  to  the  support  of  the 
government,  and  a  further  tax  of  ten  cents  on  every  hundred  dol- 
lars of  the  assessed  value  thereof,  which  shall  be  applied  to  the 
support  of  the  public  free  schools  of  this  State.     (Code,  p.  2192, 
cJ.  7) 

(d)  On  all  personal  property  in  choses  in  action,  et  cetera,  in- 
tangible personal  property  there  shall  be  a  tax  of  twenty-five  cents 
on   every  hundred  dollars   of  the  value  thereof,   the  proceeds   of 
which  shall  be  applied  to  the  payment  of  expenses  of  the  govern- 
ment, and  a  further  tax  of  ten  cents  on  every  hundred  dollars  of 
the  value  thereof,  which  shall  be  applied  to  the  support  of  the 
public  free  schools  of  this  State.     (Code,  p.  2195,  cl.  9) 

(e)  No  tax  shall  be  assessed  upon  the  capital  of  any  bank  or 
banking  association  organized  under  the  authority  of  this  State  or 
of  the-  United  States,  nor  upon  the  capital  of  any  trust  or  security 
company   chartered   by  this   State,   but   the   stockholders   in    such 
banks,  banking  associations,  trust  and  security  companies  shall  be 
assessed  and  taxed  on  the  market  value  of  their  shares  of  stock 
therein.     Each  bank,  banking  association,  trust  and  security  com- 
pany aforesaid,  on  the  first  day  of  February  in  each  year,  shall 
make  up  and  return  to   the   commissioner  of  the  revenue   of  the 
county,  city,  town,  or  district  in  which  said  bank,  banking  asso- 


110 

elation,  trust  or  security  company  is  located  a  report,  in  which 
shall  be  given  the  names  of  the  stockholders,  their  residences,  the 
number  of  shares  owned  or  held  or  controlled  by  each,  and  the 
market  value  of  said  stock.  From  the  total  market  value  of  the 
shares  of  stock  of  any  such  bank,  banking  association,  trust  or 
security  company  there  shall  be  deducted  the  assessed  value  of  its 
real  estate  otherwise  taxed  in  this  State,  and  the  value  of  each 
share  of  stock  shall  be  its  proportion  of  the  remainder:  provided, 
that  the  market  value  of  said  stock  shall  be  estimated  at  a  sum  not 
less  than  the  aggregate  of  the  capital,  surplus,  and  undivided  pro- 
fits of  such  bank,  banking  association,  trust  and  security  company, 
as  shown  by  its  last  published  statement  prior  to  the  first  of  Feb- 
ruary of  each  year,  after  deducting  from  such  aggregate  the  value 
of  its  real  estate  otherwise  taxed  in  this  State:  provided  further, 
that  where  any  such  bank,  banking  association,  trust  and  security 
company  has,  since  its  last  published  statement  and  before  the 
first  day  of  February  of  any  year,  paid  out  to  its  stockholders 
the  whole  or  any  part  of  its  undivided  profits,  the  amount  so  paid 
out  shall  be  deducted  from  the  estimate  of  aggregate  value  of 
its  stock. 

It  shall  be  the  duty  of  said  commissioner  of  the  revenue,  as 
soon  as  he  receives  such  report,  to  assess  each  stockholder  upon 
the  market  value  of  the  shares  of  stock  owned  by  him  a  tax  of 
twenty-five  cents  on  every  hundred  dollars  value  thereof,  the  pro- 
ceeds of  which  shall  be  applied  to  the  support  of  the  government, 
and  a  further  tax  of  ten  cents  on  every  hundred  dollars  value 
thereof,  which  shall  be  applied  to  the  support  of  the  public  free 
schools  of  the  State.  (Code,  p.  2199,  els.  17  and  18) 

(f)  Each  bank,  banking  association,  trust  and  security  com- 
pany, on  or  before  the  first  day  of  June  in  each  year,  shall  pay 
into  the  treasury  the  taxes  assessed  against  its  stockholders.     (Code, 
p.  2200,  cl.  19) 

(g)  The  real  and  personal  property  of  every  insurance  com- 
pany, life,  fire,  marine,  surety,  mutual  aid,  mutual  benefit,  guar- 
antee,   sick    benefit,    employers'    liability,    health,    credit,    fidelity, 
burglary,  accident,  plate-glass,  steami  boiler,  assessment,  united  breth- 
ren, live  stock,  and  all  like  companies,  shall  be  listed  and  assessed 
on   the   land   and   property   books    of    the    commissioners    of    the 
revenue  in  the  same  manner  as  other  real  and  personal  property 
is  assessed,  and  there  shall  be  a  tax  of  twenty  cents  on  every  hun- 
dred dollars  of  the  assessed  value  of  the  real  estate  and  tangible 


111 

personal  property  and  a  tax  of  twenty-five  cents  on  every  hundred 
dollars  of  the  assessed  value  of  the  intangible  personal  property  of 
every  such  company,  the  proceeds  of  which  shall  be  applied  to  the 
support  of  the  government,  and  a  further  tax  of  ten  cents  on  every 
hundred  dollars  of  the  assessed  value  of  all  the  real  estate  and 
personal  property  of  every  such  company,  which  shall  be  applied 
to  the  support  of  the  public  free  schools  of  this  State.  (Code,  p. 
2201,  cl.  23) 

(h)  On  the  real  and  tangible  personal  property  of  every  rail- 
way and  canal  corporation  there  shall  be  a  tax  of  twenty  cents 
on  every  one  hundred  dollars  of  the  assessed  value  thereof,  the  pro- 
ceeds of  which  shall  be  applied  to  the  support  of  the  government, 
and  a  further  tax  of  ten  cents  on  every  one  hundred  dollars  of 
the  assessed  value  thereof,  which  shall  be  applied  to  the  support 
of  the  public  free  schools  of  this  State. 

On  the  intangible  personal  proprety,  as  assessed  under  the  pre- 
ceding section,  of  every  railway  and  canal  corporation,  there  shall 
be  a  tax  of  twenty-five  cents  on  every  one  hundred  dollars  of  the 
assessed  value  thereof,  the  proceeds  of  which  shall  be  applied  to 
the  support  of  the  government,  and  a  further  tax  of  ten  cents  on 
every  one  hundred  dollars  of  the  assessed  value  thereof,  which 
shall  be  applied  to  the  support  of  the  public  free  schools  of  this 
State.  (Code,  p.  2205,  cl.  28) 

It  shall  be  the  duty  of  the  clerk  of  the  State  Corporation  Com- 
sion  to  furnish  to  the  council  of  every  city  and  town  and  to  the 
board  of  supervisors  of  every  county,  and  to  the  treasurer  of  every 
county  and  city  wherein  any  property  belonging  to  such  corpora- 
tion is  situated,  a  certified  copy  of  the  assessment  made  by  the 
State  Corporation  Commission  of  such  corporation's  property,  which 
shall  definitely  show  the  character  of  the  property,  its  value  and 
location,  for  purposes  of  taxation  in  each  county,  city,  town,  and 
school  district,  so  that  county,  city,  town  and  school  district  levies 
may  be  laid  upon  the  same:  provided,  however,  that  it  shall  be 
the  duty  of  the  county  superintendent  of  schools  in  each  county 
in  which  a  railway  or  canal  is  located  and  operated  to  furnish,  on 
or  before  the  first  day  of  July  in  each  year,  to  such  railway  or  canal 
corporation  or  corporations,  the  boundaries  of  each  school  district 
of  said  county  in  which  any  part  of  such  railway  or  canal  and  its 
property  is  situated,  and  a  copy  of  such  boundaries  to  the  clerk  of 
the  State  Corporation  Commission.  Whenever  any  county  super- 
intendent of  schools  shall  fail  to  furnish  to  such  railway  or  canai 


112 

corporation  or  corporations  and  the  clerk  of  the  State  Corporation 
Commission  the  boundaries  of  each  school  district  of  said  county 
in  which  any  part  of  such  railway  or  canal  and  its  property  is 
situated,  it  shall  be  the  duty  of  the  clerk  of  the  State  Corporation 
Commission  to  notify  the  judge  of  the  circuit  court  of  the  county 
wherein  such  superintendent  of  schools  resides,  who  shall  instruct 
the  grand  jury  at  the  next  term  of  the  circuit  court  to  ascertain 
whether  such  boundaries  have  been  furnished  as  required  in  this 
act,  and  should  said  grand  jury  ascertain  that  such  boundaries 
have  not  been  furnished,  they  shall  find  an  indictment  against  such 
county  superintendent  of  schools,  who  shall  be  deemed  guilty  of  a 
misdemeanor,  and,  upon  conviction  thereof,  shall  be  fined  not  less 
than  twenty-five  dollars  nor  more  than  one  hundred  dollars  for 
each  school  district  so  omitted.  (Acts  1906,  p.  531) 

(i)  On  the  real  and  personal  property  of  every  express  com- 
pany doing  business  in  this  State,  and  of  every  steamship,  steam- 
boat, and  steam  ferry  company  which  may  run  steamships,  steam- 
boats, or  other  floating  property  for  the  transportation  of  passen- 
gers or  freight,  there  shall  be  a  tax  of  twenty  cents  on  every  hun- 
dred dollars  of  the  assessed  value  of  the  real  estate  and  tangible 
personal  property,  and  a  tax  of  twenty-five  cents  on  every  one 
hundred  dollars  of  the  assessed  value  of  the  intangible  personal 
property  of  every  such  company,  the  proceeds  of  which  shall  be 
.applied  to  the  support  of  the  government,  and  a  further  tax  of 
ten  cents  on  every  hundred  dollars  of  the  assessed  value  of  all  the 
real  estate  and  personal  property  of  every  such  company,  which 
shall  be  applied  to  the  support  of  the  public  free  schools  of  this 
State.  (Code,  p.  2208,  cl.  30) 

It  shall  be  the  duty  of  the  clerk  of  the  State  Corporation  Com- 
mission to  furnish  to  the  council  of  every  city  and  town  and  to 
the  board  of  supervisors  of  every  county  wherein  any  property  be- 
longing to  such  company  is  situated,  a  certified  copy  of  the  assess- 
ment made  by  the  State  Corporation  Commission  of  such  com- 
pany's property,  which  assessment  shall  definitely  show  the  char- 
acter of  the  property,  its  value  and  location  for  the  purposes  of 
taxation,  in  each  city,  town,  county,  and  district,  so  that  city, 
town,  county  and  district  levies  may  be  imposed  upon  the  same: 
provided,  however,  that  it  shall  be  the  duty  of  the  county  super- 
intendent of  schools  in  each  county  in  which  any  such  express 
company,  steamboat,  steamship  or  steam  ferry  company  owns  prop- 
erty, on  or  before  the  first  day  of  July  in  each  year,  to  furnish  to 


113 

such  express  company,  steamship,  steamboat,  or  steam  ferry  com- 
pany the  boundaries  of  the  school  districts  of  said  county  wherein 
any  such  property  is  situated.  (Code,  p.  2208,  cl.  29) 

(j)  There  shall  be  a  tax  of  twenty-five  cents  on  every  hundred 
dollars  of  the  assessed  value  of  that  proportion  of  the  capital  of 
each  sleeping  car,  parlor  car,  or  dining  car  company  which  is  in- 
vested in  and  used  in  this  State,  the  proceeds  of  which  shall  be 
applied  to  the  support  of  the  government,  and  a  further  tax  of 
ten  cents  on  every  hundred  dollars  of  the  assessed  value  of  the  said 
proportion,  to  be  applied  to  the  support  of  the  public  free  schools 
of  the  State.  (Code,  p.  2211,  cl.  33) 

(k)  On  the  real  and  personal  property  of  telegraph  and  tele- 
phone companies,  and  of  associations,  firms,  and  persons  owning  or 
operating  telegraph  or  telephone  lines  in  this  State,  there  shall 
be  a  tax  of  twenty  cents  on  every  hundred  dollars  of  the  assessed 
value  of  the  real  estate  and  tangible  personal  property,  and  a  tax 
of  twenty-five  cents  on  every  one  hundred  dollars  of  the  assessed 
value  of  the  intangible  personal  property  of  every  such  person, 
firm,  company,  or  association,  the  proceeds  of  which  shall  be  ap- 
plied to  the  support  of  the  government,  and  a  further  tax  of  ten 
cents  on  every  hundred  dollars  of  the  assessed  value  thereof,  which 
shall  be  applied  to  the  support  of  the  public  free  schools  of  this 
State.  (Code,  p.  2213,  cl.  35) 

(1)  It  shall  be  the  duty  of  the  county  superintendent  of  schools 
in  each  county  in  which  any  such  telegraph  or  telephone  company 
or  firm  or  person  operating  a  telegraph  or  telephone  line  owns 
property,  on  or  before  the  first  day  of  July  of  each  year,  to  fur- 
nish such  telegraph  or  telephone  company,  firm,  or  person,  and  the 
clerk  of  the  State  Corporation  Commission,  the  boundaries  of  the 
school  district  of  said  county  wherein  any  such  property  is  situated. 
It  shall  be  the  duty  of  the  judge  of  the  circuit  court  of  each 
county,  at  the  next  term  of  said  court  after  the  first  day  of  July 
in  each  year,  to  instruct  the  grand  jury  to  inquire  into  and  ascer 
tain  whether  or  not  the  county  superintendent  of  schools  has  fur- 
nished the  boundaries  of  each  school  district  to  such  telegraph  and 
telephone  companies  operating  in  said  county  and  to  the  clerk  of 
the  Corporation  Commission.  If  the  grand  jury  shall  find  that  the 
county  superintendent  of  schools  has  not  furnished  the  boundaries 
of  such  school  districts  as  herein  provided,  indictments  shall  be 
found  against  him  for  a  misdemeanor,  and  upon  conviction  thereof 
he  shall  be  fined  not  less  than  twenty-five  dollars  nor  more  than 


114 

one  hundred   dollars  for  each  school   district  so   omitted.      (Acts 
1906,  p.  519) 

140.  School  taxes  to  be  separately  assessed  and  paid  in  money. 
All  taxes  assessed  on  property,  real  or  personal,  by  this  act,  and 
by  it  dedicated  to  the  maintenance  of  the  public  free  schools  of 
this  State,  shall  be  paid   and  collected  only  in  lawful  money  of 
the  United  States,  and  shall  be  paid  into  the  treasury  to  the  credit 
of  the  free  school  fund,  and  shall  be  used  for  no  other  purposes 
whatsoever.    And  to  this  end  the  Auditor  of  Public  Accounts  shall 
have  the  books  of  the  commissioners  of  the  revenue  prepared  with 
reference  to  the  separate  assessments  and  collection  of  said  school 
tax,  and  the  treasurers  of  the  several  counties  and  cities  of  the 
Commonwealth  shall  have  the  tax  bills  in  their  respective  counties 
and  cities  so  made  out  as  to  specify  the  amount  of  tax  due  from 
each  taxpayer  to  the  said  public  free  school  fund,  including  the 
capitation  tax  and  school  taxes  of  whatever  kind  or  nature,  and 
to  keep  said  capitation  tax  and  school  taxes  separate  and  distinct 
from  all  other  taxes  or  revenues  so  collected  by  him,  and  forward 
the  same  thus  separate  and  distinct  to  the  Auditor  of  Public  Ac- 
counts, which  shall  be  kept  separate  and  distinct  by  him  from  all 
other  taxes  or  revenues  until  paid  the  public  free  schools.     (Code, 
p.  2266,  cl.  145) 

141.  Appropriation  by  General  Assembly  to  schools. — For  the 
fiscal  year  ending  on  the  twenty-eighth  day  of  February,  nineteen 
hundred  and  eleven — 

Such  sum  as  will  be  sufficient  to  pay  the  Superintendent  of 
Public  Instruction  thirty-five  hundred  dollars  and  his  necessary 
traveling  expenses  while  engaged  in  the  duties  of  his  office  (to 
be  approved  by  the  Board  of  Education,  not  to  exceed  in  the  ag- 
gregate seven  hundred  dollars  in  any  one  year). 

Public  schools. — Such  sum  as  will  be  sufficient  to  pay  the 
amount  required  by  section  fifteen  hundred  and  seven,  Code  of  Vir- 
ginia, to  be  applied  to  the  support  of  the  public  free  schools;  but 
in  making  said  calculation  under  section  fifteen  hundred  and  seven 
of  the  gross  amount  of  all  funds  applicable  to  public  free  schools 
for  the  ensuing  year,  said  calculation  shall  be  based  upon  the  land 
and  property  books  of  the  several  commissioners  of  the  revenue 
for  said  year;  and  when  said  books  have  not  been  received  in 
time,  the  Auditor  of  Public  Accounts  shall  base  said  calculation 
upon  the  commissioners'  books  of  the  next  preceding  year,  but  in 
making  said  calculation  in  each  case  he  shall  deduct  from  the  gross 


115 

amount  so  ascertained  the  approximate  amount  of  all  such  taxes 
which  are  assessed,  but  which  may  not  be  collected,  based  on  the 
collection  of  such  taxes  made  for  the  preceding  year,  and  he  shall 
include  in  said  estimate  all  of  such  taxes  returned  delinquent  there- 
after collected  in  each  year;  the  amount  shown  by  said  calcu- 
lation to  be  paid  shall  be  paid  one-half  on  the  tenth  day  of  No- 
vember and  the  residue  on  tenth  day  of  February  of  each  year; 
and  the  further  sum  of  five  hundred  thousand  dollars,  this  latter 
sum  to  be  turned  over  to  the  State  Board  of  Education  and  by 
that  board  apportioned  as  prescribed  by  the  Constitution  to  the 
public  free  schools  of  the  several  counties  and  cities  of  the  Com- 
monwealth, except,  however,  eighteen  thousand  dollars  thereof, 
which  said  board  is  authorized  to  expend  in  the  maintenance  of 
the  summer  normal  schools:  provided,  that  twenty-five  thousand 
dollars,  or  so  much  of  it  as  may  be  necessary,  may  be  used  under 
rules  and  regulations  of  the  State  Board  of  Education  for  the  en- 
couragement and  maintenance  of  rural  graded  schools  of  two,  three, 
and  four  rooms:  provided,  that  no  such  school  shall  receive  more 
than  two  hundred  dollars:  provided  further,  that  any  school  re- 
ceiving aid  under  this  plan  shall  not  receive  aid  from  the  high 
school  fund. 

For  high  schools,  to  be  expended  as  per  act  creating  public 
high  schools,  one  hundred  thousand  dollars :  provided,  that  so  much 
of  the  six  hundred  thousand  dollars  herein  provided  for  the  support 
of  public  schools  and  high  schools  as  may  be  necessary,  not  to  ex- 
ceed thirty  thousand  dollars,  shall  be  devoted  to  the  establishment 
and  support  of  departments  of  agriculture,  domestic  economy  and 
manual  training  in  at  least  one  high  school  in  each  congressional 
district  of  the  State,  to  be  conducted  under  such  rules  and  regula- 
tions as  the  State  Board  of  Education  and  the  president  of  the 
Virginia  College  of  Agriculture  and  Polytechnic  Institute  may  pre- 
scribe. 

For  normal  instruction  in  high  schools,  fifteen  thousand  dollars, 
(Chapter  sixty-seven,  Acts  nineteen  hundred  and  eight). 

For  libraries  in  public  schools  in  cities,  towns  and  rural  dis- 
tricts, five  thousand  dollars.  (Chapter  three  hundred  and  sixteen^ 
Acts  nineteen  hundred  and  eight) 

For  expenses  of  commission  to  devise  methods  for  manage- 
ment, and  so  forth,  of  educational  institutions,  five  hundred  dol- 
lars. (Chapter  two  hundred  and  seventy-two,  Acts  nineteen  hundred 
and  eight.)  The  said  commission  shall  use  such  part  of  this  ap- 


116 

propriation  as  it  may  deem  proper  to  investigate  and  report  some 
practicable  and  advisable  plan  for  the  higher  education  of  women 
by  the  State,  and  in  this  connection  shall  consider  and  pass  upon 
the  provisions  of  senate  bill  number  ninety-two,  which  is  hereby 
referred  to  said  commission  for  such  consideration. 

For  school  teachers'  pension  fund,  five  thousand  dollars,  as 
provided  by  Acts  of  nineteen  hundred  and  ten. 

For  the  fiscal  year  ending  on  the  twenty-ninth  day  of  Febru- 
ary, nineteen  hundred  and  twelve — 

Such  sum  as  wiH  be  sufficient  to  pay  the  Superintendent  of 
Public  Instruction  the  sum  of  thirty-five  hundred  dollars  and 
his  necessary  traveling  expenses  while  engaged  in  the  duties  of 
his  office  (to  be  approved  by  the  Board  of  Education,  not  to  ex- 
ceed in  the  aggregate  seven  hundred  dollars  in  one  year). 

Such  sums  as  will  be  sufficient  to  pay  the  amount  required  by 
section  fifteen  hundred  and  seven,  Code  of  Virginia,  to  be  applied 
to  the  support  of  the  public  free  schools. 

But  in  making  said  calculations  under  said  section  one  thou- 
sand five  hundred  and  seven  of  the  gross  amount  of  all  funds  ap- 
plicable to  public  free  schools  for  the  ensuing  year,  said  calcula- 
tions shall  be  based  upon  the  land  and  property  books  of  the  sev- 
eral commissioners  of  the  revenue  for  said  year;  and  when  said 
books  have  not  been  received  in  time,  the  Auditor  of  Public  Ac- 
counts shall  base  said  calculations  upon  the  commissioners'  books 
of  the  next  preceding  year,  but  in  making  said  calculation  in  each 
case  he  shall  deduct  from  the  gross  amount  so  ascertained  the  ap- 
proximate amount  of  all  such  taxes  which  are  assessed,  but  which 
may  not  be  collected,  based  on  the  collection  of  such  taxes  made 
for  the  preceding  year,  and  he  shall  include  in  said  estimate  all 
such  taxes  returned  delinquent  thereafter  collected  in  each  year; 
the  amount  shown  by  such  calculation  to  be  paid  shall  be  paid 
one-half  on  the  tenth  day  of  November  and  the  residue  on  the 
tenth  day  of  February  of  each  year,  and  the  further  sum  of  five 
hundred  thousand  dollars,  this  latter  sum  to  be  turned  over  to  the 
State  Board  of  Education  and  by  that  board  apportioned  as  pre- 
scribed by  the  Constitution  to  the  public  free  schools  of  the  sev- 
eral counties  and  cities  of  the  Commonwealth,  except,  however, 
eighteen  thousand  dollars  thereof,  which  said  board  is  authorized 
to  expend  in  the  maintenance  of  the  summer  normal  institutions: 
provided,  that  twenty-five  thousand  dollars,  or  so  much  thereof  as 
may  be  necessary,  may  be  used  under  rules  and  regulations  of  the 


117 

State  Board  of  Education  for  the  encouragement  and  mainte- 
nance of  rural  graded  schools  of  two,  three,  and  four  rooms:  pro- 
vided, that  no  such  school  shall  receive  more  than  two  hundred 
dollars:  provided  further,  that  any  school  receiving  aid  under  this 
plan  shall  not  receive  aid  from  the  high  school  fund. 

For  high  schools,  to  be  expended  as  per  act  creating  public  high 
schools,  one  hundred  thousand  dollars:  provided,  that  so  much  of 
the  six  hundred  thousand  dollars  herein  provided  for  the  support 
of  the  public  and  high  schools  as  may  be  necessary,  not  to  ex- 
ceed thirty  thousand  dollars,  shall  be  devoted  to  the  establishment 
and  support  of  departments  of  agriculture,  domestic  economy  and 
manual  training  in  at  least  one  high  school  in  each  congressional 
district  of  the  State,  to  be  conducted  under  such  rules  and  regu- 
lations as  the  State  Board  of  Education  and  the  president  of  the 
Virginia  College  of  Agriculture  and  Polytechnic  Institute  may  pre- 
scribe. 

For  normal  instruction  in  high  schools,  fifteen  thousand  dol- 
lars. (Chapter  sixty-seven  of  Acts  nineteen  hundred  and  eight) 

For  libraries  in  public  schools  in  cities,  towns  and  rural  dis- 
tricts, five  thousand  dollars.  (Chapter  three  hundred  and  sixteen,. 
Acts  of  nineteen  hundred  and  eight) 

For  expenses  of  commission  to  devise  methods  for  manage- 
ment, et  cetera,  of  educational  institutions,  five  hundred  dollars. 
(Chapter  two  hundred  and  seventy-two,  Acts  nineteen  hundred  and" 
eight) 

For  school  teachers'  pension  fund  as  provided  by  Acts  of  nine- 
teen hundred  and  ten,  five  thousand  dollars. 

For  equipment  and  improvement  at  agricultural  high  schools, 
in  the  congressional  districts,  twenty-five  thousand  dollars,  to  be 
apportioned  and  expended  as  the  State  Board  of  Education  and 
president  of  the  Virginia  Agricultural  and  Mechanical  College  and 
Polytechnic  Institute  may  prescribe,  unless  otherwise  provided  by 
law.  (Acts  1910,  p.  395) 

142.  Students'  Loan  Fund. — The  State  Female  Normal  School, 
the  Virginia  Agricultural  and  Mechanical  College  and  Polytechnic 
Institute,  the  Virginia  Military  Institute,  the  University  of  Vir- 
ginia, and  William  and  Mary  College,  may  each  draw  from  the 
treasury  of  the  State,  from  funds  not  otherwise  appropriated,  in 
addition  to  the  sum  appropriated  for  the  support  of  each  of  these 
institutions,  annually  a  sum  not  to  exceed  one  per  centum  of  snch 
year's  appropriation  to  said  institution  for  support,  which  sum  shall; 


118 

be  used  for  the  establishment  of  a  State  students'  loan  fund  at 
•each  of  the  said  institutions,  respectively,  and  this  said  sum  may 
be  so  drawn  annually  by  each  of  said  institutions  for  five  years 
after  the  passage  of  this  act. 

2.  Each  of  the  said  institutions  shall,  upon  such  terms   and  ac- 
cording to  such  rules   as  may  be  prescribed  by  their  respective 
boards  of  trustees  or  visitors,  make  loans  from  the  said  State  stu- 
dents' loan  fund  to  needy  and  deserving  students  of  talent  and 
•character  from  Virginia  in  the  academic  departments  at  said  insti- 
tution for  the  purpose  of  aiding  those  to  obtain  an  education  at 
-such  institution  who  might  not  be  able  otherwise  to  do  so. 

3.  The  said  loans  shall  not  exceed  one  hundred  dollars  ($100.00) 
in  any  one  session  to  the  same  student  and  shall  be  made  to  said 
-students  upon  such  terms  as  to  time  and  security  as  the  authori- 
ties of  the  respective  institutions  shall  determine  in  each  case:  pro- 
vided, that  the  rate  of  interest  charged  students  on  such  loans  shall 
be  four  per  centum  per  annum. 

4.  The  said  State  students'  loan  fund  shall  be  preserved  from 
depletion  by  the  said  institutions,  and,  together  with  the  repayments 
and  accretions  thereto,  shall  be  held  and  used  for  the  purposes 
•specified  in  this  act  and  no  other,  and  each  of  the  said  institutions 
shall  annually,  not  later  than  July  first  in  each  year  thereafter, 
file  in  the  office  of  the  State  Superintendent  of  Public  Instruction 
a  statement  in  detail  showing  for  the  year  past    the  amount  re- 
ceived by  said  fund,  the  loans  made,  to  whom  made  and  upon  what 

terms,  the  amount  of  the  corpus  of  said  fund,  the  amounts  repaid 
to  said  fund  and  from  whom,  and  any  other  information  deemed 
pertinent  by  the  institution  so  reporting  or  which  may  have  been 
requested  by  the  State  Superintendent  of  Public  Instruction.  (Acts 
1908,  p.  430) 

143.  Traveling  school  libraries. — Be  it  enacted  by  the  General 
Assembly  of  Virginia,  That  the  following  named  sums  of  money 
be,  and  the  same  are  hereby,  appropriated  out  of  any  moneys  in 
the  treasury,  not  otherwise  appropriated  for  the  following  pur- 
poses and  subject  to  the  following  restrictions  and  conditions,  to- 
wit: 
•**#*###**#* 

Seven  thousand  five  hundred  dollars  to  establish  a  system  of 
traveling  libraries.  This  system  of  libraries  shall  be  under  the 
direct  supervision  and  control  of  the  library  board  of  the  Virginia 
:State  library,  but  in  the  selection  of  the  books  for  the  school  libra- 


119 

ries  the  list  adopted  must  be  approved  jointly  by  the  library  board 
and  the  State  Board  of  Education. 

The  books  purchased  for  traveling  libraries  may  be  loaned  to 
any  public  school  in  Virginia,  under  such  rules  as  may  be  pre- 
scribed by  the  library  board:  provided,  that  not  more  than  five 
thousand  dollars  shall  be  expended  during  the  fiscal  year  ending 
March  first,  nineteen  hundred  and  seven.  (Acts  1906,  pp.  209-211) 
144.  The  establishment  of  libraries  in  the  rural  and  city  public 
schools.— Whenever  the  patrons  and  friends  of  any  public  free 
school  shall  raise  by  private  subscription  and  tender  to  the  clerk 
of  the  district  or  city  school  board,  for  the  establishment  of  a 
library  to  be  connected  with  the  said  school,  the  sum  of  fifteen  dol- 
lars, the  school  board  shall  appropriate  the  sum  of  fifteen  dollars 
for  this  purpose,  and  shall  appoint  one  intelligent  person  in  the 
school  district  or  city  the  manager  of  said  library.  The  district 
board  shall  also  appoint  one  competent  person  well  versed  in  books 
to  select  books  for  the  libraries  that  may  be  established  under  the 
provisions  of  this  act  from  lists  of  books  approved  by  the  State 
Board  of  Education  and  at  such  prices  and  under  such  rules  and 
regulations  as  may  be  prescribed  by  said  Board  of  Education :  pro- 
vided, that  no  school  board  shall  be  obliged  to  appropriate  money 
for  more  than  five  libraries  as  aforesaid  in  any  one  year. 

As  soon  as  any  school  board  shall  have  made  an  appropriation 
for  a  library  in  the  manner  prescribed,  the  division  superintendent 
of  schools  shall  inform  the  State  Board  of  Education  of  the  fact, 
whereupon  the  said  State  Board  of  Education  shall  remit  to  the 
treasurer  of  the  county  or  city  in  which  such  school  is  situated  the 
sum  of  ten  dollars  for  the  purchase  of  books:  provided,  that  the 
treasurer  shall  have  no  commission  for  receiving  and  disbursing 
this  fund:  and  provided  further,  that  the  State  Board  of  Educa- 
tion shall  fix  rules  and  regulations  looking  to  as  wide  a  distribu- 
tion of  this  fund  as  may  seem  pacticable. 

Within  thirty  days  after  the  payment  of  the  money  to  the 
clerk  of  the  district  school  board  the  person  appointed  to  select 
the  books  shall  submit  the  list  of  books  to  be  purchased  and  prices 
of  the  same  to  the  clerk,  who  shall  order  the  books  at  once.  The 
clerk  shall  receive  no  compensation  for  such  services.  The  school 
board  shall  furnish  a  neat  book-case,  with  lock  and  kev,  to  each 
library,  upon  application  .of  the  manager  of  the  library. 

The  local  manager  of  every  library  shall  carry  out  such  rules 
and  regulations  for  the  proper  use  and  preservation  of  the  books 
as  may  be  enjoined  by  the  State  Board  of  Education. 


120 

The  local  managers  of  two  or  more  libraries  may  by  agreement 
exchange  libraries :  provided,  that  no  exchange  shall  be  made  oftener 
than  once  in  six  months,  and  that  no  part  of  the  expense  of  ex- 
changing libraries  shall  be  borne  by  the  public.  (Actr-  1910,  p.  490) 
490) 

MISCELLANEOUS   PROVISIONS 

145.  Fire  escapes  from  buildings  of  over  three  stories. — It  shall 
be  the  duty  of  the  owner  or  owners  of  all  factories,  workshops,  hotels, 
school  buildings,  and  .hospitals  in  this  State  of  over  three  stories, 
in  height,  theatres  and  public  places  of  amusement,  to-  provide  for 
the  safe  exit  of  the  occupants  thereof  in  case  of  fire  by  the  erec- 
tion or  construction  of  fire  escapes  of  the  most  approved  modern 
design.     The   character  and  design   of  said  fire   escapes   shall,  in 
cities   and  towns,  be   selected  by   the    council   of   said   cities   and 
towns ;  and  where  the  buildings  are  not  located  in  cities  and  towns 
by  the  board  of  supervisors  of  the  county.     Any  owner  or  owners 
of  such  buildings  shall  have  the  right  to  require  the  council  of 
the  city  or  town  in  which  said  buildings  are  located,   or  in  the 
counties  the  board  designated  by  this  act,  to  make  such  selection) 
of  said  fire  escapes  as  is  provided  by  this  act;  and  in  case  of  their 
failure  or  refusal  they  shall  be  compellable  by  mandamus. 

Any  owner  or  owners  of  such  buildings  who  shall  fail  to  com- 
ply with  the  first  section  of  this  act  by  the  first  day  of  January,, 
eighteen  hundred  and  ninety-one,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  shall  be  fined  not  less  than  twenty- 
five  dollars  nor  more  than  one  hundred  dollars  for  each  month  they 
shall  fail  to  provide  such  fire  escapes.  (Code,  Sec.  1067a) 

146.  Governor  to  designate  arbor  day.— The  Governor  shall  an- 
nually, in  the  spring,  designate  by  official  proclamation  a  day  to- 
be  designated  as  " arbor  day/'  to  be  observed  throughout  the  State 
as  a  day  of  planting  of  trees,  shrubs,  and  vines  about  the  houses, 
and  along  the  highways,  and  about  public  grounds  in  this  State, 
thus  contributing  to  the  wialth,   comfort,   and  attractions  of  the 
State.     (Code,  Sec.  222b) 

147.  Injuries  to  public  buildings,  etc.;  how  punished.— If  any 
person  wilfully  and  maliciously  break  any  window  or  door  of  the 
capitol,  or  in   any  court-house,  house  of  public  worship,   college, 
school-house,  city  or  town  hall,  or  other  public  building,  or  wilfully 
and  maliciously  injure  or  deface  the  capitol,  or  any  statuary  in  the 


121 

capitol  or  on  the  Capitol  Square,  or  in  any  other  public  buildings 
or  on  any  public  grounds,  or  wilfully  and  maliciously  injure  or 
deface  any  court-house,  house  of  public  worship,  or  city  or  town 
hall,  or  other  public  building,  or  wilfully  and  maliciously  destroy 
or  carry  away  furniture  belonging  to  or  in  either  of  the  said  build- 
ings, he  shall  be  fined  not  exceeding  three  hundred  dollars,  or  con- 
fined in  jail  not  exceeding  sixty  days,  or  both.  (Code,  Sec.  3731) 

148.  To  protect  schools,  literary  societies,  etc.— If  any  person 
wilfully   interrupt,   molest,    or   disturb    any   school    exercises,   free 
school  or  other  school,  literary  society,  or,  being  intoxicated,  dis- 
turb the  same,  whether  wilfully  or  not,  he  shall  be  guilty  of  a  mis- 
demeanor and  fined  not  less  than  ten  nor  more  than  fifty  dollars, 
or  at  the  discretion  of  the  court  be  confined  in  the  jail  of  the  county 
not  more  than  thirty  days,  in  addition  to  said  fine.     A  justice  of 
the  peace   or  police  justice   may  try   and   determine  these   cases. 
(Code,  Sec.  3805b) 

149.  Burning  meeting-house,  court-house,  college,  school-house, 
and  so  forth,  how  punished. — If  any  person  maliciously  burn  any 
meeting-house,   court-house,   town-house,   college,   academy,   school- 
house,  or    other  building    erected  for  public  use   (except  a  jail  or 
prison),   or   any   banking-house,   warehouse,   storehouse,   manufac- 
tory, or  mill  of  another  person,  not  usually    occupied    by    persons 
lodging  therein  at  night,  or  if  he  maliciously  set  fire  to  anything 
by  the  burning  whereof  any  building  mentioned  in  this  section  shall 
be  burnt,  he  shall  be  confined  in  the  penitentiary,  when  such  build- 
ing, with  the  property  therein,  is  of  the  value  of  one  thousand 
dollars,  not  less  than  three  nor  more  than  ten  years;  and  when  it 
is  of  less  value,  not  less  than  three  nor  more  than  five  years.   (Code, 
Sec.  3697) 

150.  William  and  Mary  College;   State  students.— The  board 
of  visitors  shall  prescribe  rules  for  the  examination  and  admission 
of  the  pupils  applying  for  normal  instruction,   and  shall  require 
each  pupil  to  give  satisfactory  assurance  of  his  intention  and  will- 
ingness to  teach  in  the  public  schools  of  the  State  for  at  least  two 
years  after  leaving  said  institution,  and  each  of  said  pupils  shall 
have,  free   of  charge  for  tuition,  the  privileges  of  the  collegiate 
course. 

Each  county  and  city  in  the  State  shall  be  entitled  to  one  pupil, 
who  shall  be  nominated  by  the  division  superintendent  of  schools, 
and-  if  any  vacancy  occurs  it  shall  be  filled  from  the  State  at  large 
bv  the  board  of  visitors,  and  each  county  and  city  in  the  State 


122 

shall  also  be  entitled  to  one  additional  pupil  for  each  additional 
representative  in  the  house  of  delegates  above  one,  to  .be  appointed 
in  a  similar  manner.  The  said  pupil  so  appointed  shall  be  exempt 
from  tuition  fees,  and  the  charge  for  their  board,  washing,  lights 
and  fuel  shall  not  exceed  the  sum  of  twelve  dollars  per  month. 
(Acts  1906,  p.  95,  Sees.  5  and  6) 

151.  Number  of  pupils  each  county  and  city  may  send  free  to 
the  State  Female  Normal  School. — Each  city  and  county  in  the  State 
shall  be  entitled  to  one  pupil,  and  one  for  each  additional  repre- 
sentative in  the  house  of  delegates  above  one,  who  shall  receive 
gratuitous  instruction.     The  board  shall  prescribe  rules  for  the  se- 
lection  of   such  pupils   and  for  their   examination,    and   shall  re- 
quire, each  pupil  selected  to  give  satisfactory  evidence  of  an  in- 
tention to  teach  in  the  public  schools  of  the  State  for  at  least  two 
years  after  leaving  the  said  school.     (Code,  Sec.  1611) 

152.  University  of  Virginia;  State  students  admitted  free  of 
tuition,  etc. — The  sum  of  forty  thousand  dollars  for  the  support  of 
the  University   shall  be  paid  annually  out  of  any  money  in  the 
public  treasury  not  otherwise  appropriated.    But  this  appropriation 
is  on  condition  that  the  said  institution  shall  give  instruction  to  all 
white  students  of  the  State  of  Virginia  over  the  age  of  sixteen 
years,  who  shall  be  matriculated  under  rules  and  regulations  pre- 
scribed by  the  board  of  visitors,  without  charge  for  tuition  in  the 
academic  department,  consisting  of  the  following  schools,  to-wit: 
The  schools  of  Latin,  Greek,  modern  languages,  pure  mathematics, 
moral  philosophy,  natural  philosophy,  historical  science,  agriculture, 
zoology  and  botany,  natural  history  and  geology,  general  and  in- 
dustrial chemistry,  and  English  language  and  literature;  but  no 
person  shall  be  admitted  as  a  student  free  of  charge  for  tuition 
fees,   under  the  provisions  of  this  section,   unless   the   faculty  be 
satisfied,  by  actual  examination  of  the  applicant,  or  by  a  certifi- 
cate from  some  college  or  preparatory  school    that  he  has  made 
such  proficiency  in  the  branch  of  study  which  he  proposes  to  pursue 
as  will  enable  him  to  avail  himself  of  the  advantages  afforded  by 
the  University.     (Code,  Sec.  1554) 

Note. — By  Acts  of  1906,  p.  179.  this  amount  was  increased  to 
$75,000.00,  on  condition  that  the  then  " University  fee7'  of  $40.00  in 
the  academic  department  should  be  reduced  to  $10.00. 

153.  Virginia  Military  Institute;  State  cadets  admitted  free  of 
board  and  tuition.— The  board  shall  admit  as  State  cadets,  free  of 
charge  for  board  and  tuition,  upon  evidence  of  fair  moral  char- 


123 

not  less  than  fifty  young  men,  who  shall  be  not  less  than  six- 
teen nor  more  than  twenty-five  years  of  age,  one  of  whom  shall 
be  selected  from  each  of  the  senatorial  districts  as  at  present  con- 
stituted, and  the  other  eleven  from  the  State  at  large.  Whenever 
a  vacancy  has  occurred,  or  is  likely  to  occur  in  any  district,  due 
notice  of  the  time  and  place  of  making  the  appointment  to  supply 
the  vacancy  shall  be  given.  If,  after  such  notice,  no  suitable  per- 
son shall  apply  from  such  district,  the  vacancy  may  be  supplied  from 
the  State  at  large.  (Code,  Sec.  1575) 

154.  State  Cadets  to  act  as  teachers. — Every  cadet  received  on 
State  account,  and  who  shall  have  remained  in  the  institute  during 
the  period  of  two  years  or  more,  shall  act  in  the  capacity  of  teacher 
in  some  school  in  this  State  for  two  years  after  leaving  the  insti- 
tute, and  such  cadet  shall  be  required  to  discharge  said  obligation 
as  teacher  within  the  three  years  immediately  after  leaving  the  in- 
stitution,  and  said  cadet  shall  report  in  writing  to  the  superin- 
tendent of  the  institute  on  or  before  the  first  day  of  June  of  each 
year  succeeding  the  date  of  his  leaving  the  institution  until  he  shall 
have  discharged  fully  said  obligation  to  the  Commonwealth;  and 
every  cadet  so  received  on  State  account  in  said  institute  on  re- 
porting for  duty  and  matriculating  shall  be  required  to  enter  into 
a  bond,  payable  to  the  Virginia  Military  Institute,  in  a  sum  suflfi- 
'cient  to  cover  the  board  and  tuition  that  may  be  expended  in  his. 
behalf  as  such  State  cadet;  and  unless  the  said  cadet  shall  fulfill* 
his  said  obligation  as  aforesaid   he  shall  be  deemed  to  have  violated 
his  contract,  and  authority  is  hereby  given  to  the  institution  to 
proceed  by  law  for  the  collection  from  said  cadet  of  such  amount 
as  may  be  necessary  to  cover  so  much  of  his  board  and  tuition  as ; 
may  proportionately  be  due  from  his  failure  to  teach  the  whole 
or  any  part  of  the  said  two  years ;  and  no  cadet  executing  such 
bond  shall  be  permitted  to  plead  infancy  or  the  statute  of  limita- 
tion in  bar  of  recovery  of  such  debt:  provided,  the  board  of  visi- 
tors may  excuse  said  cadet  from  teaching  in  such  cases  as  they 
may  deem  right  and  proper:  and  provided  further,  if  said  cadet 
shall  teach  two  years  in  any  public  school  of  this  Commonwealth 
for  the  term  prescribed  for  any  year  by  the  legal  authority  of  pub- 
lic schools  he  shall  be  deemed  to  have  fulfilled  his  obligation  to. 
the  State  imposed  by  this  section.     (Code,  Sec.  3582) 

155.  Students  who  may  attend  the  Virginia  Agricultural  and 
Mechanical  College  and  Polytechnic  Institute  free  of  charge. — A 
number  of  students  equal  to  four  times  the  number  of  members  of 


124 

the  house  of  delegates,  to  be  apportioned  in  the  same  manner,  shall 
have  the  privilege  of  attending  said  college  without  charge  for 
tuition,  use  of  laboratories  or  public  buildings,  to  be  selected  by 
the  school  trustees  of  the  respective  counties,  cities,  and  election 
districts  for  said  delegates,  with  reference  to  the  highest  proficiency 
and  good  character,  from  the  white  male  students  of  the  free  schools 
of  their  respective  counties,  cities,  and  election  districts,  or  in  their 
discretion,  from  others  than  those  attending  said  free  schools. 
(Code,  Sec.  1587) 

156.  How  long  students  may  attend  free  of  charge. — The  said 
students  privileged  to  attend  the  college  without  charge  for  tui- 
tion, use  of  laboratories,  or  public  buildings,  shall  continue  to  be 
selected  for  a  period  of  two  years:  provided,  that  on  the  recom- 
mendation of  the  faculty  of  the  said  college,  for  more  than  ordi- 
nary  diligence   and  proficiency,    any  student  so   selected  may  be 
continued  by  the  said  Board  of  Visitors  for  a  longer  period.     (Code, 
Sec.  1590) 

157.  Virginia  Normal  and  Industrial  Institute. — First.   There 
shall  be  admitted  into  the  institute,  free  of  charge  for  tuition,  use 
of  laboratory   or   public   buildings,    and  upon   such    term's    as    to 
board    and    other    expenditures    as    the    board    of    visitors    may 
prescribe,    a    number   of    colored    students    equal    to    twice    the 
cumber    of    members    of    the    house    of    delegates,    to    be  appor- 
tioned in  the  same  manner.       Such  students  shall  be  designated 
.as    State   students,    and  shall   not   be   less    than   fifteen   years    of 
.age,  and  shall  be  selected  by  the  superintendents  of  schools  for  the 
respective  counties  and  cities  from  the  colored  pupils  of  either  sex 
attending  the  free  schools,  or  in  their  discretion  from  others  than 
those   attending  said  free   schools.     Superior  proficiency  in  study 

.and  good  moral  character  shall  be  duly  regarded  in  the  selections. 
Second.  Due  notice  shall  be  given  by  the  president  of  said  in- 
stitute to  the  county  and  city  superintendents   of  schools   of   all 
vacancies  existing,  or  likely  to  occur,  in  said  institute  in  the  case 
•of  State  students;  whereupon  said  county  or  city  superintendents 
of  schools  shall  proceed  to  fill  said  vacancy    and  officially  notify 
-the  president  of   said  institute   of  said  appointment.     If,   in   due 
time  after  such  notice,  no  appointment  be  made,  the  vacancy  indi- 
cated may  be  filled  by  the  board  of  visitors  from  the  State  at  large: 
provided,  that  any  State  student,  as  a  condition  precedent  to  ad- 
mission into  said  institute,  shall  enter  into  a  written  contract  with 
said  board  of  visitors  to  engage  in  teaching  school  or  other  edu- 


no  f  i  nn  al    - 


125 


cational  Avork  for  not  less  than  two  years ;  but  said  student,  by  this 
section,  shall  not  be  deprived  of  any  compensation  which  he  may  be 
able  to  obtain  for  teaching  or  other  educational  work.  Should  any 
such  State  student  fail  to  comply  with  the  contract  herein  speci- 
fied, he  may  be  relieved  therefrom  by  the  payment  in  cash  of 
one-half  of  the  tuition  and  other  fees  remitted  to  him  while  he  or 
she  was  a  student  of  said  institute. 

Third.  The  president,  professors  and  teachers  of  the  Virginia 
Normal  and  Industrial  Institute  shall  be  required,  during  each  and 
every  year,  to  conduct  a  summer  normal  school  for  the  benefit  of 
the  colored  teachers  of  the  public  schools  of  this  State  and  those 
who  expect  to  become  teachers  in  the  public  schools;  said  summer 
normal  school  shall  begin  on  a  day  to  be  designated  by  the  board 
of  visitors,  not  later  than  the  first  day  of  July,  and  to  continue 
for  a  term1  of  four  weeks.  In  said  summer  school  shall  be  taught 
such  branches  as  relate  to  the  academic  and  professional  improve- 
ment of  teachers. 

Fourth.  While  in  attendance  upon  said  summer  normal  school 
the  teachers  may  occupy  the  institute  buildings,  and  be  furnished 
such  accommodations  as  to  board  in  the  like  manner  as  are  the 
regular  students  of  the  institute.  They  shall  be  subject  to  such 
rules  and  regulations  as  to  government  and  discipline  as  shall  be 
approved  by  the  board  of  visitors.  The  charge  for  board  and 
lodging  to  each  teacher  shall  not  exceed  two  dollars  per  week. 
All  regular  employees  of  said  institute  shall  perform  such  service 
during  the  summer  normal  term  as  the  authorities  of  the  institute 
may  require.  (Code,  Sec.  1613,  subsections  8,  9,  15  and  18) 

158.  Supervision  of  Virginia  Normal  and  Industrial  Institute 
by  Board  of  Education.— The  institute  and  board  of  visitors  shall 
be  under  the  supervision  and  control  of  the  Board  of  Education; 
and  no   action  of  said  board  of  visitors  shall  be  valid  if  disap- 
proved by  the  Board  of  Education.     (Code,  Sec.  1635) 

159.  Selection  of  students  of  Hampton  Normal  and  Agricultural 
Institute. — The  trustees  of  said  institute  may  select  not  less  than 
one  hundred  students,  with  reference  to  their  character  and  pro- 
ficiency, from  the  colored  free  schools  of  the  State,  who  shall  have 
the  privilege  of  attending  the  said  institute  on  the  same  terms  that 
State  students  are  allowed  to  attend  the  agricultural  and  mechani- 
cal college   under  section  fifteen  hundred  and  ninety.     (Code,  Sec. 
1603) 

160.  Duties  of  president  or  chairman  of  board  of  visitors  or 


126 

trustees  of  State  institutions. — It  shall  be  the  duty  of  the  president 
or  chairman  of  the  board  of  visitors  or  trustees  of  every  State  in- 
stitution which  is  educational  in  its  character  to  cause  to  be  made 
out  by  the  superintendent,  president,  principal,  or  other  proper  of- 
ficer of  such  institution,  and  forwarded  to  the  office  of  the  Superin- 
tendent of  Public  Instruction,  on  or  before  the  first  day  of  October 
of  each  year,  a  report  for  the  year  ending  the  thirtieth  of  June  pre- 
ceding. Said  report  shall  set  forth  the  condition  and  progress  of 
said  institutions,  the  number  of  professors,  assistant  teachers,  and 
other  officers,  and  the  compensation  of  each;  the  whole  number 
of  students  in  attendance;  the  course  of  instruction,  academic,  pro- 
fessional, or  technical;  the  means  and  methods  of  instruction;  the 
number  of  students  in  the  different  classes;  the  terms  of  tuition; 
the  number  of  students  admitted  free  of  charge  for  tuition;  the 
kind  and  amount  of  all  funds  and  endowments  yielding  an  income ; 
the  annual  income  from  all  sources,  and  the  items  thereof;  the 
amount  of  expenditures,  and  the  items  thereof;  and  such  other  in- 
formation as  may  be  deemed  necessary  to  a  full  exhibit  of  the 
affairs  and  conditions  of  said  institutions.  Said  reports  shall  be 
embodied  in  the  annual  report  of  the  Superintendent  of  Public 
Instruction  to  the  Board  of  Education,  to  be  by  the  president  of  said 
board  laid  before  the  General  Assembly  of  Virginia.  All  acts  and 
parts  of  acts  requiring  reports  of  said  institutions  to  be  made  other- 
wise than  as  specified  in  this  act  are  hereby  repealed.  (Code,  Sec. 
1637) 

161.  Penalty  if  report  not  made. — If  no  such  report  is  made 
from  any  college  or  academy  which  receives  any  portion  of  the 
revenue  of  the  literary  fund,  or  to  which  any  loan  has  been  made 
out  of  the  said  fund,  the  Second  Auditor  shall  withhold  (until  the 
report  is  made)  the  payment  of  such  portion  of  the  literary  fund 
or  proceed  to  enforce  payment  of  the  said  loan.     (Code,  Sec.  1638) 

162.  An  act  authorizing1  the  borrowing  of  money  and  issuing  of 
bonds  therefor  by  the  towns  in  this  Commonwealth,   etc.— Be  it 
enacted  by  the  General  Assembly  of  Virginia.  That  any  town  of 
this  Commonwealth,  for  any  one  or  more  of  the  following  purposes, 
namely:    To  provide  for  a  water  supply,  water  works,   a  suitable 
equipment  against  fire,  or  for  erecting  or  improving  school  build- 
ings,  grading,  paving,   repaving.   curbing,   or  otherwise  improving 
any  one  or  more  of  the  streets  or  alleys,  or  widening  existing  ones, 
in  such  town,  or  for  locating,  instituting  and  maintaining  sewers 
and  culverts  in  and  along  any  of  such  streets,  avenues  or  alleys,  or 


127 


any  part  thereof,  should  the  voters  thereof  so  elect,  in  the  manner 
prescribed  by  an  act  of  the  General  Assembly  of  Virginia  ap- 
proved April  twenty-seventh,  nineteen  hundred  and  three,  entitled 
*'an  act  to  provide  for  holding  the  elections  in  towns  upon  questions 
of  bond  issue,"  and  chapter  three  hundred  and  twenty-four  of  the 
Acts  of  the  General  Assembly  of  Virginia,  approved  November 
twenty-fifth,  nineteen  hundred  and  three,  amending  and  re-enacting 
section  nine  of  the  act  aforesaid,  is  hereby  authorized  and  em- 
powered to  borrow  money  in  such  sum  or  sums,  not  exceeding  in  the 
aggregate  eighteen  per  centum  of  the  assessed  valuation  of  the 
real  estate  in  the  town  subject  to  taxation,  as  shown  by  the  last 
preceding  assessment  for  taxes,  upon  the  faith,  credit  and  prop- 
erty thereof,  and  to  issue  bonds  therefor,  signed  by  the  mayor 
and  attested  by  the  clerk  or  recorder:  but  provided,  that  such 
honds  shall  not  be  sold  at  less  than  their  par  value  and  bear 
interest  at  a  rate  not  exceeding  six  per  centum  per  annum,  and 
shall  become  due  and  payable  within  thirty-five  years  from  the  date 
of  issue.  The  council  of  any  town  proceeding  hereunder  shall  make 
proper  provision  for  the  payment  of  the  annual  interest  upon  such 
bonds  as  may  be  issued  under  this  act,  and  shall  provide  a  sinking 
fund  for  the  redemption  thereof  at  maturity;  the  coupons  thereof 
shall  be  receivable  for  town  taxes.  (Acts  1906,  p.  235) 

163.  How  elections  for  free  school  purposes  held  and  results 
determined. — All  officers  who,  under  the  general  laws,  are  charged 
with  the  conduct  of  elections  and  the  determination  of  the  results 
thereof,  shall  render  official  service  in  the  matter  of  votes  ordered 
for  public  free  school  purposes   under  such  regulations  as  shall  be 
prescribed  by  the  Board  of  Education.    But  all  elections  for  public 
free  school  purposes  shall  be  held   after  notice  thereof  given  accord- 
ing to  section  one  hundred  and  fifteen.     (Code.  Sec.  101) 

164.  When  special  election  ordered  by  Governor,  et  cetera;  how 
writ  issued  and  notice  given.-  -Whenever  a  special  election  is  or- 
dered by  the  Governor,  Speaker  of  the  House,  or  President  of  the 
Senate,  it  shall  be  his  duty  to  issue  a  writ  of  election,  designating 
the  office  to  be  filled  at  such  election  and  the  time  such  election  is 
to  be  held,  and  transmit  the  same  to  the  sheriff  of  the  county  and 
the  sergeant  of  the  corporation  in  which  such  election  is  to  be  held, 
to  be  by  such  sheriff  or  sergeant  published  by  posting  a  copy  thereof 
at  each  voting  place  in  his  county  or  corporation  at  least  ten  days 
before  such  election.     (Code,  Sec.  115) 

165.  Joint    resolution    setting    apart    the    birthday    of    Jef- 


128 

ferson  Davis  as  a  day  of  recreation  in  the  public  schools,  etc.— 
Whereas  Jefferson  Davis,  president  of  the  late  Confederate  States 
of  America,  was  born  on  the  3d  day  of  June,  eighteen  hundred  and 
eight,  and  in  order  to  commemorate  his  distinguished  services  as  a 
patriot,  Christian,  and  champion  of  constitutional  liberty,  and  at 
the  earnest  request  of  Richmond  Chapter,  Eichmond,  the  Seven- 
teenth Virginia  Regiment  Chapter,  Alexandria,  and  other  chap- 
ters of  the  United  Daughters  of  the  Confederacy  in  the  State; 
therefore, 

Be  it  resolved  by  the  General  Assembly  of  Virginia,  as  a  mark 
of  perpetual  respect  and  remembrance  of  the  said  Jefferson  Davis, 
and  of  the  distinguished  services  rendered  by  him.  That  the  third 
day  of  June  in  each  year  be,  and  the  same  is  hereby,  set  apart  as 
a  day  of  recreation  in  the  public  schools  of  the  Commonwealth, 
and  that  the  public  offices  of  the  State  be  closed  after  twelve 
o'clock  meridian  of  each  recurrence  of  said  day,  and  that  the  flag 
of  the  State  be  hoisted  over  the  capitol  building.  (Acts  1899-1900, 
p.  1374) 

166.  An  act  to  establish  a  public  free  school  on  the  grounds  of 
the  Prison  Association  of  Virginia  at  Laurel,  Henrico  county, — 
1.  Be  it  enacted  by  the  General  Assembly  of  Virginia,  That  a 
public  free  school  be  established  on  the  grounds  of  the  Prison  Asso- 
ciation of  Virginia  at  Laurel,  Henrico  county,  for  the  exclusive 
benefit  and  use  of  the  boys  and  youths  confined  in  the  institution  at 
that  place,  known  as  the  Laurel  reformatory. 

2.  Said  school  shall  be  under  the  control  of  the  State  Board  of 
Education,  except  that  the  discipline  of  the  scholars  shall  be  un- 
der the  control  of  the  said  prison  association.     Said  scholars  shall 
attend  said  school  at  least  three  hours  a  day,  Saturdays  and  Sun- 
days excepted.     Said  association  may  permit  any  scholar  to  attend 
for  a  greater  period  than  three  hours  per  day,  but  nothing  herein 
shall  be  construed  to  take  away  from  said  association  any  authority 
or   control    over   the   boys   and   youths   under   its   control     except 
as  above  stated. 

3.  The  sum  of  twenty-five  hundred  dollars  is  hereby  appropri- 
ated, out  of  any  money  in  the  treasury  not  otherwise  appropriated, 
for  the  erection  and  equipment  of  the  said  school-house,  and  the 
Auditor  of  Public  Accounts  is  directed  to  pay  said  amount  to  the 
directors  of  said  association,  the  same  to  be  expended  under  the 
direction  of  the  said  State  Board  of  Education. 

The  sum  of  one  thousand  dollars  per  annum  is  also  hereby 


129 

appropriated  out  of  the  school  funds  of  this  State  for  the  mainte- 
nance of  said  school,  the  same  to  be  applied  to  the  payment  of 
teachers,  said  money  to  be  set  apart  as  other  money  for  the  sup- 
port of  public  free  schools  is  set  apart,  except  that  it  shall  be  re- 
ceived and  paid  out  by  said  State  Board  of  Education.  (Acts  1908 
p.  688) 

167.  An  act  to  establish  a  public  free  school  on  the  grounds  of 

the  Negro  Reformatory  Association  of  Virginia  in  Hanover  county. 

1.  Be  it  enacted  by  the  General  Assembly  of  Virginia,  That  a 
public  school  be  established  on  the  grounds  of  the  Negro  Reforma- 
tory Association  of  Virginia  in  Hanover  county,  for  the  exclusive 
benefit  and  use  of  the  boys  and  youths  confined  in  the  institution 
at  that  place,  known  as  the  Negro  Reformatory  Association  of  Vir- 
ginia. 

2.  Said  school  shall  be  under  the  control  of  the  State  Board  of 
Education,  except  that  the  discipline  of  the  pupils  shall  be  under 
the  control  of  the  said  Negro  Reformatory  Association.    Said  pupils 
shall   attend  said   school    at   least   three   hours    a   day,   Saturdays 
and   Sundays   excepted.     Said   association   may  permit  any  pupil 
to  attend  for  a  greater  period  than  three  hours  per  day,  but  noth- 
ing herein  shall  be  construed  to  take  away  from  said  association  any 
authority  or  control  over  the  boys  and  youths  under  its  control    ex- 
cept as  above  stated. 

3.  The  sum  of  six  hundred  dollars  per  annum  is  hereby  ap- 
propriated out  of  the  school   funds  of  this  State  for  the  mainte- 
nance of  said  school,  the  same  to  be  applied  to  the  payment  of 
teachers,  the  said  money  to  be  set  apart  as  other  money  for  the 
support  of  public  free  schools  is  set  apart,  except  that  it  shall  be 
received  and  paid  out  by  said  State  Board  of  Education.     (Acts 
1910,  p.  327) 

168.  An  act  to  constitute  a  united  agricultural  board  to  co- 
ordinate the  Virginia  College  of  Agriculture  and  Polytechnic  Insti- 
tute and  the  Virginia  Agricultural  Experiment  Station,  the  Com- 
missioner and  State  Board  of  Agriculture,  and  the  State  Board  of 
Education,  in  co-operation  with  the  United  States  Department,  of 
Agriculture,  for  the  betterment  of  agricultural,  experimental  and 
demonstration  work,  and  generally  to  advance  the  agricultural  in- 
terests of  this  State,  and  to  authorize  boards  of  supervisors  to  ap- 
propriate county  funds  for  experimental  and  demonstration  work 
in  their  respective  counties. — Whereas  experiments  heretofore  con- 
ducted have  demonstrated  that  in  order  successfully  to  encourage 


130  , 

the  adoption  of  improved  methods  of  agriculture  in  Virginia,  ap- 
plicable to  every  section,  crop  and  interest,  it  is  necessary  that 
experiment  stations  shall  be  located  in  the  different  agricultural 
'districts  of  the  State,  which  should  ascertain  by  careful,  scientific 
experiments,  the  best  methods  of  crop  relation,  fertilizing  culture, 
control  of  insect  pests  and  diseases,  et  cetera,  of  the  crops  most 
commonly  grown,  or  which  may  be  profitably  grown  in  the  re- 
spective districts  and  that  the  facts  so  ascertained  shall  be  earned 
by  the  teacher,  institute  lecturer  and  demonstrator  to  the  people; 
and 

Whereas  it  is  necessary  to  the*  fullest  success  of  this  plan  that 
the  said  Virginia  College  of  Agriculture  and  Polytechnic  Institute, 
and  the  Virginia  Agricultural  Experiment  Station,  the  Commis- 
sioner and  State  Board  of  Agriculture,  and  the  State  Board  of  Edu- 
cation should  unite  their  agencies  in  harmonious  and  determined 
efforts  to  advance  by  the  methods  above  set  forth,  and  in  every 
other  legitimate  and  practical  way,  the  great  agricultural  inter- 
ests of  the  State;  and  in  order  to  co-ordinate  harmoniously  the 
efforts  of  these  various  State  agencies  in  hearty  co-operation  with 
the  United  States  Department  of  Agriculture,  which  has  been  so 
successfully  conducting  its  operations  along  these  lines  in  Vir- 
ginia; therefore, 

1.  Be  it  enacted  by  the  General  Assembly  of  Virginia,  That 
a  board  to  be  known  as  the  United  Agricultural  Board  be,  and  the 
same  is  hereby,  established,  to  be  composed  of  the  Governor,  the 
State  Superintendent  of  Public  Instruction,  representing  the  State 
Board  of  Education;  the  Commissioner  of  Agriculture,  and  two 
members  of  the  State  Board  of  Agriculture,  to  be  selected  by  that 
board;  the  president  of  the  Virginia  College  of  Agriculture  and 
Polytechnic  Institute;  the  director  of  the  Virginia  Agricultural 
Experiment  Station,  and  one  member  of  the  board  of  visitors  of 
those  institutions  to  be  selected  by  the  said  board;  the  supervisor 
of  the  district  experiment  stations;  the  general  director  of  demon- 
stration work  of  the  United  States  Department  of  Agriculture; 
and  the  Virginia  director  of  demonstration  work  of  the  United 
States  Department  of  Agriculture.  The  members  of  said  board 
shall  hold  office  during  the  term  of  incumbency  of  the  several 
offices  which  render  them  ex-officio  members  of  this  board,  except 
that  the  State  Board  of  Agriculture  and  the  board  of  visitors  of 
the  Virginia  Qollege  of  Agriculture  and  Polytechnic  Institute,  and 
Virginia  Agricultural  Experiment  Station  shall  have  power  to 


131 

•elect  a  successor  to  its  members  of  the  board  for  two-year  periods, 
beginning  March  first,  nineteen  hundred  and  ten,  or  in  the  interim 
whenever  its  member  of  the  board  is  incapacitated  from,  serving 
on  said  board  by  death,  resignation  or  otherwise.  It  is  further 
provided  also  that  the  officials  of  the  United  States  Department 
of  Agriculture  herein  designated  as  members  of  the  board  shall 
continue  in  office  so  long  as  that  department  co-operates  in  the 
work  for  which  the  United  Agricultural  Board  is  established. 

The  officers  of  the  board  shall  be  the  Governor  as  chairman, 
and  a  secretary,  to  be  elected  by  the  board. 

2.  The  members  of  the  United  Agricultural  Board  shall  not  be 
entitled  to  any  compensation,  but  the  Virginia  members  shall  be 
reimbursed  for  their  actual  and  necessary  traveling  expenses  and 
hotel  bills    while  engaged  in  the  discharge  of  their  duties,  to  be 
paid  out  of  the  funds  hereinafter  mentioned,  allotted,  respectively, 
to  the  State  agencies  entitled  to  membership  on  the  board. 

3.  The  United  Agricultural  Board  shall,  under  such  rules  and 
regulations  as  it  may  prescribe,  assign  to  the  Virginia  College  of 
Agriculture  and  Polytechnic  Institute  the  adult  demonstration  work 
and  movable  schools  and  other  like  agencies  when  estbalished;  to 
the   Virginia   Agricultural    Experiment   Station,   under   like    rules 
and  regulations,  the  establishment  and  direction  of  the  local  or  dis- 
trict experiment  stations;  to  the  State  Board  of  Education,  under 
like  rules  and  regulations,  the  experimental  and  demonstration  work 
in  connection  with  the  public  schools  of  the  State ;  and  to  the  Com- 
missioner and   State  Board   of  Agriculture,   under  like  rules   and 
regulations,  the  direction  and  management  of  the  farmers'  insti- 
tutes to  be  held  in  the  different  sections  of  this  State;  and  the 
said   United  Agricultural   Board   may  adopt   such   other  methods 
and  agencies,  not  herein  specifically  enumerated,  as  shall  tend  to 
further  the  interests  of  agriculture,  and  assign  to  the  various  agen- 
cies represented  on  the  United  Board    such  duties  as  may  seem 
T^est. 

4.  For  the  purpose  of  carrying  this  bill  into  effect  in  addition 
to  the  money  allotted  by  the  United  States  Department  of  Agri- 
culture   and    the    General    Education    Board,    acting   through   the 
United  States  general  director  of  demonstration  work,   and  from 
other  sources,  the  State  Board  of  Education  is  hereby  directed  to 
appropriate  and  set  apart  out  of  the  common  school  fund  the  sum 
of  five  thousand  dollars  annually;  the  sum  of  five  thousand  dollars 
shall  be  paid  annually  to   the   Commissioner  of  Agriculture;   the 


132 

sum.  of  five  thousand  dollars  shall  be  paid  annually  to  the  Virginia 
College  of  Agriculture  and  Polytechnic  Institute;  the  sum  of  five 
thousand  dollars  shall  be  paid  annually  to  the  Virginia  Agricul- 
tural Experiment  Station,  out  of  any  fund  in  the  treasury  of  the 
State  not  otherwise  appropriated;  said  several  sums  of  money  to 
be  paid  by  warrants  authorized  by  the  United  Agricultural  Board, 
signed  by  its  secretary  and  countersigned  by  the  chairman:  pro- 
vided, that  all  moneys  appropriated  under  this  act  shall  be  used 
for  the  purposes  of  this  act.  But  nothing  in  this  act  shall  apply 
to  any  funds  except  those  mentioned  in  this  act.  And  the  moneys 
allotted  to  the  Commissioner  of  Agriculture  shall  be  used  for  farm- 
ers '  institutes ;  the  moneys  allotted  to  the  Virginia  College  of  Agri- 
culture and  Polytechnic  Institute  shall  be  used  for  adult  demonstra- 
tion work,  movable  schools,  et  cetera;  and  the  money  allotted  to 
the  Virginia  Agricultural  Experiment  Station  shall  be  used  for  ex- 
perimental work  at  the  local  or  district  experiment  station  estab- 
lished or  to  be  established,  and  for  no  other  purpose;  and 
the  money  appropriated  by  the  State  Board  of  Education 
shall  be  used  for  experiments  and  demonstrations  in  con- 
nection with  the  schools  of  the  State.  An  itemized  statement  with 
all  vouchers  shall  be  reported  to  the  Governor  and  included  in 
his  annual  report. 

5.  If  it  shall  appear  to  the  board  that  any  of  the  work  required 
by  this  act,  or  which  shall  be  prescribed  by  the  board,  is  not  be- 
ing faithfully  and  efficiently  performed  by  the  agency  to  which  it 
is  assigned,  the  board  shall  at  once  inquire  into  the  matter  and 
has  the  power  to  take  action  assigning  said  work  to  some  other 
agency,  or  in  any  other  way  that  may  seem  best  for  the  faithful 
and  efficient  performance  of  said  work.     The  moneys  provided  and 
appropriated  under  this   act   shall   not  be   available   prior  to   the 
twenty-eighth  day  of  February,  nineteen  hundred  and  eleven. 

6.  The  board  may  determine  its  own  by-laws  and  rules  of  proce- 
dure,  except  that  a  meeting  may  be   called  at   any  time  by  the 
chairman  on  ten  days'  notice,   and  the  secretary  shall  issue  calls 
for  a  meeting  of  the  members  of  the  board,  giving  ten  days'  notice, 
upon  request  in  writing  of  not  less  than  five  members,  and  it  shall 
require  a  majority  vote  of  the  entire  membership  to  pass  any  ques- 
tion or /resolution  coming  before  it.     In  case  of  a  tie  vote  the  Gov- 
ernor shall  be  entitled  to  cast  an  additional  deciding  vote. 

7.  The  boards  of  supervisors  of  the  several  counties  of  the  State 


133 

are  hereby  authorized  and  empowered  to  appropriate  out  of  county 
funds  for  experimental  and  demonstration  work  in  their  respective 
counties  such  sums  as  the  said  boards  shall  deem  proper,  not  to 
-exceed  twenty  dollars  for  each  one  thousand  inhabitants. 

8.  But  nothing  in  this  act  shall  apply  to  the  Virginia  Truck 
Experiment  Station.     (Acts  1910,  p.  573) 

169.  Authorizing  the  board  of  supervisors  of  any  county  to 
contribute  and  expend  a  sum  of  money  for  the  purpose  of  promot- 
ing- agriculture  in  said  county.— Be  it  enacted  by  the  General  As- 
sembly of  Virginia,  That  the  board  of  supervisors  of  any  county 
in  this  State  be,  and  they  are  hereby,  empowered,  in  their  discre- 
tion, out  of  the  general  county  levy  of  said  county,  to  apply  and 
expend  annually  a  sum  not  exceeding  five  hundred  dollars  in  each 
year  for  the  purpose  of  promoting  agriculture  in  said  county.     (Acts 
1910,  p.  502) 

OF  PUBLIC  FREE   SCHOOLS   IN    CITIES    AND    IN   TOWNS    CONSTITUTING 
SEPARATE    SCHOOL   DISTRICTS 

170.  Their  establishment  and  management. — An  efficient  sys- 
tem of  public  free  schools  shall  be  established  and  maintained  in 
all  cities  and  towns  constituting  separate  school  districts  of  the 
State. 

The  public  free  school  system  shall  be  administered  by  the  fol- 
lowing authorities,  to-wit :  A  State  Board  of  Education,  a  Superin- 
tendent of  Public  Instruction,  division  superintendents  of  schools 
and  city  school  boards.  The  provisions  of  chapter  sixty-six,  ex- 
cept as  provided  in  this  chapter,  shall  be  applicable  to  such  cities 
and  towns  in  like  manner  as  to  the  counties  of  the  Commonwealth, 
and  city  and  town  school  boards,  officers,  trustees,  and  teachers, 
as  well  as  city  and  town  treasurers,  are  charged,  with  reference 
to  the  public  free  schools  of  such  cities  and  towns,  with  the  duties, 
vested  with  the  powers  of  and  subject  to  the  limitations  and  penal- 
ties imposed  upon  similar  officers,  boards,  trustees,  and  treasurers 
in  the  counties  by  chapter  sixty-six,  unless  otherwise  provided. 
(Code,  Sec.  1522) 

Note. — Chapter  66  of  the  Code  em-braces  sections  1427-1521, 
and  chapter  67,  sections  1522-1540,  both  inclusive. 

171.  Classification  of  cities. — Cities  which  have  a  population 
of  ten  thousand  and  upwards  shall,  for  school  purposes,  be  known 
as  cities  of  the  first  class,  and  cities  which  have  less  than  ten  thou- 


134 

sand  shall  be  known  as  cities  of  the  second  class ;  but  the  provisions 
of  the  law  concerning  cities  shall  be  applicable  to  both  classes  alike, 
unless  the  one  or  the  other  class  be  specifically  referred  to.  (Code, 
Sec.  1523) 

172.  Number  and  bounds  of  school  districts.— The  school  boards 
of  the  respective  cities  shall  have  power,  subject  to  the  approval 
of  the  common  council,  to  prescribe  the  number  and  boundaries 
of  the  school  districts;  but  until  such  provision  is  made  every  such 

'  city  which  is  not  divided  into  wards  shall  constitute  a  single  school 
district,  and  in  every  city  which  is  divided  into  wards  each  ward 
shall  be  a  school  district.  The  number  and  boundaries  of  districts 
shall  be  duly  reported  to  the  Superintendent  of  Public  Instruction 
and  recorded  in  his  office,  and  also  in  that  of  the  clerk  of  the  cor- 
poration court  or  in  that  of  the  circuit  court  if  there  be  no  cor- 
poration court.  (Code.  Sec.  1524) 

173.  Magisterial  and  school  districts;  levies  in  city  of  second 
class. — Such  city  of  the  second  class,  when  declared  to  be  such, 
shall  constitute  one  separate  magisterial  district  and  one  separate 
school  district  of  the  county  in  which  it  is  located;  and  it  shall 
continue  to  elect  all  district  officers  for  such  magisterial  district 
in  the  manner  provided  by  law;  and  the  school  trustees  and  other 
school  officers  of  such  school  district,  whether  elected  or  appointed, 
shall  bear  the  same  relation  to  the  county  school  as  that  existing  be- 
fore the  city  is  declared  to  be  such.    There  shall  be  but  one  superin- 
tendent of  schools  for  such  city  and  the  county  in  which  such  city 
is  located. 

The  board  of  supervisors  of  such  county  shall  have  the  same 
power  and  authority  to  levy  a  tax  for  county,  school  and  district 
purposes,  upon  all  property  within  the  corporate  limits  of  such 
city,  as  it  has  upon  property  in  the  remainder  of  the  county  with- 
out the  corporate  limits  of  such  city,  except  road  taxes.  And  all 
State,  county,  school  and  district  levies,  except  road  taxes  or 
levies,  shall  continue  to  be  collected  and  disbursed  by  the  county 
treasurer  in  the  same  manner  as  if  such  city  had  not  been  de- 
clared to  be  such. 

As  soon  as  such  municipality  shall  have  been  declared  to  be  a 
city,  all  property  within  any  annexed  territory  shall  at  once  be  and 
become  liable  to  the  regular  town  or  city  tax  rate,  and  all  revenue 
derived  from  such  new  territory  by  such  city,  whether  by  way  of 
taxes,  licenses,-  fines  or  otherwise,  shall  be  paid  into  tbe  city  treas- 
ury and  be  expended  under  the  direction  of  the  common  council 


135 

of  said  city  in  tjie  same  manner  and  for  the  same  purposes  as  the 
other  funds  of  the  city  are  or  shall  be  expended.    (Acts  1908,  p.  7) 

174.  School  Board  of  city  a  corporation. — The  school  trustees 
of  each  city  shall  be  a  body  corporate  under  the  name  and  style 
of  "The  school  board  of  the  city  of  -  — ,"  by  which  name 
it  may  sue  and  be  sued,  contract  and  be  contracted  with,  and  pur- 
chase, take,  hold,  lease,  and  convey  school  property,  both  real  and 
personal.     The  title  to  all  school  property,  both  real  and  personal, 
within  the  city,  shall  vest  in  the  said  board,  except,  by  mutual  con- 
sent of  the  council  and  school  board    the  title  to  property  may 
vest  in  the  city.     The  trustees  of  the  several  districts,  where  there 
are  more  than   one,   shall  have  no   organization   or   duties   except 
such  as  may  be  assigned  to  them  by  the  consolidated  body.     (Code, 
Sec.  1525) 

175.  Territorial  jurisdiction  of  the  school  board  in  cities  and 
towns  constituting  a  separate  school  district;  its  clerk,  his  pay. — 
The  official  care  and  authority  of  the  school  board  shall  cover  all 
the  territory  included  in  the  corporate  limits  of  the  city  or  town 
constituting  a  separate  school  district.     A  majority  of  its  members 
shall  constitute  a  quorum.    It  may,  in  its  discretion,  appoint  a  clerk, 
who  may    or  may  not   be  a  member  of  the  board;  and  shall  make 
by-laws  and  regulations  for  its  own  government  and  for  the  man- 
agement of  its  official  business,  so  far  as  they  do  not  conflict  with 
the  provisions  of  the  law.     The  salary  of  said  clerk  shall  be  fixed 
by  the  school  board.     (Code,  Sec.  1526) 

176.  Who  ineligible    as   division   superintendent. — No    mayor, 
member  of  council,  or  treasurer  of  a  city  shall  be  eligible  to  the 
office  of  division  superintendent  of  schools  of  such  city.     (Codo 
Sec.  1527) 

177.  School  trustees. — The  council  of  each  city  shall  appoint 
three  trustees  for  each  school  district  in  such  city,  whose  term  of 
office  shall  be  three  years,  respectively,  and  one  of  whom  shall  be 
appointed  annually.     If  a  vacancy  occurs  in  the  office  of  trustee 
at  any  time  during  the  term   the  council  shall  fill  it  by  appointing 
another  for  such  part  of  the  term  as  has  not  expired.    The  trustees 
in  office  when  this  act  takes  effect  shall  continue  in  office  until  the 
terms  for  which  they  were  respectively  appointed  shall  have  ex- 
pired by   limitation.     Within   thirty   days   preceding  the   day   on 
which  the  term   of  said  trustees   shall   expire   by  limitation,   and 
within  the  like  number  of  days  preceding  the  day  on  which  the 
term  of  any  trustee  shall  expire  by  limitation  in   any  subsequent 


136 

year,  such  council  shall  appoint  a  successor  to  each  such  trustee  in 
office,  whose  term  shall  commence  when  the  term  of  his  predecessor 
shall  have  expired,  provided  the  office  of  any  such  trustee  has 
not  been  abolished  in  redistricting  the  city,  and  provided  that  of 
those  first  appointed  under  this  chapter  one  shall  be  appointed  for 
a  term  of  one  year,  one  for  a  term  of  two  years,  and  one  for  a 
term  of 'three  years.  (Code,  Sec.  1528) 

178.  Power  and  duty  of  council. — The  council  of  each  city  shall 
have  power,  and  it  shall  be  its  duty,  on  or  before  the  fourth  Mon- 
day in  July  in  each  year,  or  as  soon  thereafter  as  practicable,  to 
levy   a   tax   upon   the   real   and  personal   property  in   the    city   of 
not  to  exceed  fifty  cents  on  the  one  hundred  dollars  of  its  assessed 
value,  or  the  council  may,  in  its  discretion,  make  an  appropriation 
in  lieu  of  such  levy.     (Code,  'Sec.  1529) 

179.  Board  to  submit  estimates  to  council. — It  shall  be  the  duty 
of  the  school  board  of  every  city,  once  in  each  year,  and  oftener 
if  deemed  necessary,  to  submit  to  the  council,  in  writing,  a  classi- 
fied estimate  of  what  funds  will  be  needed  for  the  proper  mainte- 
nance and  growth  of  the  public  schools  of  the  city,  and  to  request 
the  council  to  make  appropriation  accordingly.     (Code.  Sec.  1530) 

180.  Apportionment  of  State  funds;  how  and  by  whom  kept 
and  disbursed. — The  State   school  funds   shall  be   apportioned  to 
cities  separately  from  their  counties,   and  all  funds   designed  for 
the  benefit  of  public  free  schools  therein  shall  be  deposited  with 
the  treasurers  of  such  cities  and  kept  by  said  treasurers  in  separate 
.accounts,  and  disbursed  only  on  orders  from  the  city  school  boards, 
respectively.     (Code,  Sec.  1531) 

18.1.  Pay  of  division  superintendent. — The  division  superin- 
tendent of  a  city  shall  receive  pay  from  the  State  in  like  propor- 
tion as  other  division  superintendents  of  schools,  but  nothing  herein 
shall  be  construed  to  limit  the  amount  of  additional  remuneration 
which  he  may  receive  from  the  council  of  the  city  within  which  he 
acts.  (Code,  Sec.  1533) 

182.  When  to  teach. — The  division   superintendent   of  a   city 
may  teach  in  a  public  school  ex-officio   when  requested  so  to  do  by 
the  city  school  board.     (Code,  Sec.  1534) 

183.  Powers  and  duties  of  boards  of  trustees;  qualification  of 
trustees,  and  so  forth;  a  corporation. — Every  school  trustee  shall, 
at  the  time  of  his  appointment,  be  a  resident  of  the  school  district 
for  which  appointed,  and  if  he  shall  cease  to  be  a  resident  thereof 
his  office  shall  be  deemed  vacant.     Before  entering  upon  the  dis- 


137 

charge  of  the  duties  of  his  office  he  shall  take  and  subscribe  the 
oaths  prescribed  for  officers  of  the  State  before  the  corporation  or 
the  circuit  court,  or,  in  vacation,  before  the  judge  or  clerk  of 
said  court,  and  the  clerk  of  the  said  court  shall  make  in  his  record 
book  a  minute  of  the  qualification  of  said  trustee. 

No  federal  or  State  officer,  except  a  notary  public ;  no  city  offi- 
cer, no  member  of  council,  or  any  officer  thereof,  shall  during  his 
term  of  office  be  chosen  or  allowed  to  act  as  a  school  trustee;  but 
this  provision  shall  not  have  the  effect  of  prohibiting  a  commis- 
sioner in  chancery  or  commissioner  in  bankruptcy,  or  member  of 
the  board  of  health,  from  holding  such  office. 

The  city  school  board  of  every  city  shall  establish  and  main- 
tain therein  a  general  system  of  public  free  schools  in  accordance 
with  the  requirements  of  the  Constitution  and  the  general  educa- 
tional policy  of  the  Commonwealth,  for  the  accomplishment  of  which 
purpose  it  shall  have  the  following  powers  and  duties: 

First.  To  explain,  enforce,  and  observe  the  school  laws,  and 
to  make  rules  for  the  government  of  the  schools,  and  for  regulat- 
ing the  conduct  of  pupils  going  to  and  returning  therefrom. 

Second.  To  determine  the  studies  to  be  pursued,  the  methods 
of  teaching,  and  government  to  be  employed  in  the  schools,  and 
the  length  of  the  school  term. 

Ihird.  To  employ  teachers  and  dismiss  them  when  delinquent, 
inefficient,  or  in  any  wise  unworthy  of  the  position:  provided, 
that  no  school  board  shall  employ  or  pay  any  teacher  from  the 
public  funds  unless  the  teacher  shall  hold  a  certificate  in  full  force, 
according  to  the  provisions  of  section  fourteen  hundred  and  sev- 
enty-six of  the  laws  relating  to  the  public  free  schools  in  counties: 
and  provided  further,  that  it  shall  not  be  lawful  for  the  school 
board  of  any  city  or  of  any  town  constituting  a  separate  school 
district  to  employ  or  pay  any  teacher  from  the  public  funds  if  said 
teacher  is  the  brother,  sister,  wife,  son,  or  daughter  of  any  member 
of  said  board. 

Fourth.  To  suspend  or  expel  pupils  when  the  prosperity  and 
efficiency  of  the  school  make  it  necessary. 

Fifth.  To  decide  what  children,  wishing  to  enter  the  schools 
of  the  city,  are  entitled  by  reason  of  the  poverty  of  their  parents 
or  guardians  to  receive  text-books  free  of  charge,  and  to  provide 
for  supplying  them  accordingly. 

Sixth.  To  establish  high  and  normal  schools  and  such  other 
/schools  as  may,  in  its  judgment,  be  necessary  to  the  completeness 
and  efficiency  of  the  school  system. 


138 

Seventh.  To  see  that  the  census  of  children  required  by  sec- 
tions fourteen  hundred  and  sixty-two  and  fourteen  hundred  and 
sixty-three  of  the  Code  of  Virginia  is  taken  within  the  proper  time 
and  in  the  proper  manner. 

Eighth.  To  hold  regular  meetings  and  to  prescribe  when  and 
how  special  meetings  may  be  called. 

Ninth.  To  call  meetings  of  the  people  of  the  city  for  consul- 
tation in  regard  to  the  school  interests  thereof,  at  which  meetings 
the  chairman  or  some  other  member  of  the  board  shall  preside 
if  present. 

Tenth.  To  provide  suitable  school-houses,  with  proper  furni- 
ture and  appliances,  and  to  care  for,  manage,  and  control  the  school 
property  of  the  city.  For  these  purposes  it  may  lease,  purchase, 
or  build  such  houses,  according  to  the  exigencies  of  the  city  and 
the  means  at  its  disposal.  No  school-house  shall  be  contracted 
for  or  erected  until  the  plans  therefor  shall  have  been  submitted 
to  and  approved  in  writing  by  the  division  superintendent  of 
schools,  and  no  public  school  shall  be  allowed  in  any  building  which 
is  not  in  such  condition  and  provided  with  such  conveniences  as 
are  required  by  a  due  regard  to  decency  and  health;  and  when  a 
school-house  appears  to  the  division  superintendent  of  schools  to 
be  unfit  for  occupancy,  it  shall  be  his  duty  to  condemn  the  same, 
and  immediately  to  give  notice  thereof,  in  writing,  to  the  chairman 
of  the  school  board,  and  thenceforth  no  public  school  shall  be  held 
therein,  nor  shall  any  part  of  the  State  or  city  fund  be  applied  to 
support  any  school  in  such  house  until  the  division  superintendent 
shall  certify,  in  writing,  to  the  city  school  board,  that  he  is  satis- 
fied with  the  condition  of  such  building  and  with  the  appliances 
pertaining  thereto. 

Eleventh.  To  visit  the  public  free  schools  within  the  city  from 
time  to  time,  and  to  take  care  that  they  are  conducted  according 
to  law  and  with  the  utmost  efficiency. 

Twelfth.  To  manage  and  control  the  school  funds  of  the  city, 
to  provide  for  the  pay  of  teachers  and  of  the  clerk  of  the  board, 
for  the  cost  of  providing  school-houses  and  the  appurtenances 
thereto  and  the  repairs  thereof,  for  school  furniture  and  appli- 
ances, for  necessary  text-books  for  indigent  children  attending  the 
public  free  schools,  and  for  any  other  expenses  attending  the  ad- 
ministration of  the  public  free  school  system,  so  far  as  the  same 
is  under  the  control  or  at  the  charge  of  the  school  officers. 

Thirteenth.  To  examine  all  claims  against  the  school  board,  and 
when  approved  to  pay  the  same:  provided,  that  a  record  of  such 


139 

approval  shall  be  made  in  the  proceedings  of  the  board,  and  a 
warrant  on  the  city  treasurer  shall  be  drawn,  signed  by  the  chair- 
man of  the  board  and  countersigned  by  the  clerk  thereof,  payable 
to  the  person  or  persons  entitled  to  receive  such  money,  and  stat- 
ing on  its  face  the  purpose  or  service  for  which  it  is  to  be  paid, 
and  that  such  warrant  is  drawn  in  pursuance  of  an  order  entered 
by  the  board  on  the day  of . 

Fourteenth.  It  shall  be  the  duty  of  the  school  board  of  every 
city,  once  in  each  year,  and  oftener  if  deemed  necessary,  to  sub- 
mit to  the  council,  in  writing,  a  classified  estimate  of  what  funds 
will  be  needed  for  the  proper  maintenance  and  growth  of  the  pub- 
lic schools  of  the  city,  and  to  request  the  council  to  make  provi- 
sion, by  appropriation  or  levy,  for  the  same. 

Fifteenth.  To  perform  such  other  duties  as  shall  be  prescribed 
by  the  State  Board  of  Education  or  are  imposed  by  other  parts  of 
this  act. 

City  school  boards  shall  in  general  have  the  same  powers  in 
relation  to  the  condemnation  or  purchase  of  land  and  to  the  vest- 
ing of  the  title  thereof,  and  also  in  relation  to  the  title  to  and 
management  of  property  of  any  kind  applicable  to  school  purposes, 
whether  heretofore  or  hereafter  set  apart  therefor,  and  however  so 
set  apart,  whether  by  gift,  grant,  devise,  or  any  other  conveyance, 
and  from  whatever  source,  as  county  and  district  school  boards 
have  in  the  counties.  They  shall  also  have  a  clerk,  who  shall  be 
charged  with  the  same  duties  as  the  clerk  of  district  school  boards. 
(Code,  Sec.  1538) 


Regulations  of  the  State   Board   of   Education 

[Prescribed  pursuant  to  the  provisions  of  Sec.  132  of  the  Virginia  Constitution] 


1.  Duties  of  superintendent  of  public  instruction. — The  Super- 
intendent of  Public  Instruction  shall  be  the  chief  executive  of  the 
public  free  school  system,  upon  whom  shall  devolve  the  following 
duties,  to-wit: 

First.  He  shall  take  care  that  the  school  laws  and  regulations 
be  faithfully  executed,  and  shall  use  all  proper  means  to  promote 
an  appreciation  and  desire  of  education  among  the  people. 

Second.  It  shall  be  his  duty  to  determine  the  true  intent  and 
meaning  of  the  school  laws  and  regulations,  and  to  explain  to  the 
county  superintendents  and  other  school  officers  the  several  duties 
enjoined  thereby  upon  them,  and  his  decision  shall  be  final,  unless 
and  until  reversed  by  the  State  Board  of  Education. 

Third.  He  shall  prepare  suitable  registers,  blank  forms,  and 
regulations  for  making  all  reports  and  for  conducting  all  necessary 
business  under  the  school  law,  and,  by  circulars  and  otherwise,  shall 
give  such  information  and  instructions  as  he  shall  deem  conducive 
to  the  proper  organization  and  government  of  the  public  free 
schools  and  the  due  execution  of  their  duties  by  the  school  officers. 

Fourth.  He  shall  require  of  division  superintendents  detailed 
reports  annually,  and  as  often  besides  as  he  may  deem  proper; 
and  he  may  require  special  reports  at  any  time  of  any  officer  con- 
nected with  the  school  system.  He  may  also  appoint  persons,  at 
his  discretion,  to  visit  or  examine  all  or  any  part  of  the  public  free 
schools  in  the  county  wherein  such  persons  reside,  and  roport  to 
him  touching  all  such  matters  respecting  their  condition  and  man- 
agement, and  the  means  of  improving  them,  as  he  may  indicate; 
but  no  allowance  or  compensation  shall  be  made  to  such  persons 
for  their  services  or  expenses. 

Fifth.  It  shall  be  his  duty,  as  often  as  may  be  consistent  with 
his  other  official  engagements,  to  make  tours  of  inspection  among 
the  public  free  schools  throughout  the  State. 

Sixth.  He  shall  decide  all  appeals  from  decisions  of  division 
superintendents  of  schools,  when  made  in  prescribed  form;  he  may, 
however,  in  his  discretion,  refer  the  matter  to  the  State  Board  of 
Education,  whose  decision  shall  always  be  final.  But  appeals  shall 


142 

lie  in  all  cases  from  the  decisions  of  the  Superintendent  of  Public 
Instruction  to  the  State  Board  of  Education. 

Seventh.  Copies  oj;  his  decisions  and  of  the  decisions  of  the 
board,  as  well  as  of  all  his  official  papers,  shall  be  kept  on  file  in 
his  office,  and  be  open  to  the  inspection  of  persons  concerned. 

Eighth.  He  shall  also  preserve,  in  convenient  arrangement  in 
his  office,,  all  such  documents  from  other  States  and  governments, 
books  or  pamphlets  on  educational  subjects,  school  books,  appara- 
tus, maps,  charts,  and  the  like,  as  have  been  or  shall  be  furnished 
gratuitously  for  public  use,  or  purchased  for  the  use  of  his  office. 

Ninth.  He  shall  annually,  and  as  often  besides  as  he  may  deem 
necessary,  prepare  a  scheme  for  apportioning  the  money  appro- 
priated by  the  State  for  public  free  school  purposes  among  the 
several  counties  and  cities,  on  the  basis  of  the  number  of  children 
between  the  ages  of  seven  and  twenty  years  in  each  school  dis- 
trict, as  ascertained  from  the  census  last  taken,  or.  in  default  of 
that,  from  the  latest  and  best  official  authority  accessible  to  him. 
This  scheme  shall  be  accompanied  by  summaries  of  the  data  on 
which  the  same  is  founded,  and  a  copy  thereof,  and  of  the  sum- 
maries aforesaid,  shall  be  furnished  to  the  second  auditor,  to  each 
division  superintendent  of  schools,  and  to  each  county  and  city 
treasurer. 

Tenth.  He  shall  provide  for  his  office  a  suitable  official  seal,  with 
which  he  may  authenticate  official  documents. 

Eleventh.  He  shall  annually  submit  to  the  State  Board  of  Edu- 
cation, on  or  before  the  first  day  of  November,  a  detailed  report  of 
his  official  proceedings  for  the  year  ending  the  thirtieth  day  of  June 
preceding,  exhibiting  a  plain  statistical  account  of  receipts  and 
expenditures  for  public  free  schools,  and  of  their  condition  and 
progress,  showing  the  number  of  children,  male  and  female,  white 
and  colored,  respectively,  in  the  State,  and  in  each  county,  city, 
and  school  district,  between  the  ages  of  seven  and  twenty  years, 
the  average  and  total  number  at  school  during  the  year,  wages 
paid  teachers,  the  amount  of  each  branch  of  school  expenditure 
severally,  the  cost  of  education  per  scholar,  and  whatever  else  may 
tend  to  show  the  degree  of  success  and  usefulness  of  the  system; 
he  shall  also  be  at  liberty,  and  it  shall  be  his  duty,  to  offer  sug- 
gestions to  the  State  Board  of  Education  and  to  the  General  As- 
sembly concerning  matters  pertaining  to  his  department  at  any  time 
that  the  public  interests  seem  to  him  to  require  it. 


143 

2.  Acting  under  authority  of  section  1433,  sub-division  5,  of  the 
Code  of  Virginia,  a  State  board  of  examiners,  consisting  of  four 
members,  is  hereby  created,  and  the  State  is  divided  into  four  cir- 
cuits, as  foUows: 

First  Circuit — The  first  circuit  is  composed  of  the  counties  and 
cities  of  Accomac,  Caroline,  Charles  City,  Chesterfield,  Elizabeth 
City,  Essex,  Fredericksburg,  Gloucester,  Goochlarid,  Hanover,  Hen- 
rico,  James  City,  King  and  Queen,  King  George,  King  William,  Lan- 
caster, Manchester,  Mathews,  Middlesex,  New  Kent,  Newport  News, 
Northampton,  Northumberland,  Richmond  city,  Richmond  county, 
Spotsylvania,  Stafford,  Warwick,  Williamsburg,  Westmoreland  and 
York. 

Second  Circuit — The  second  circuit  is  composed  of  the  counties 
and  cities  of  Amelia,  Appomattox,  Bedford,  Brunswick,  Bucking- 
ham, Campbell,  Charlotte,  Cumberland,  Danville,  Dinwiddie, 
Greenesville,  Halifax,  Isle  of  Wight,  Lunenburg,  Lynchburg, 
Mecklenburg,  Nansemond,  Norfolk  city,  Norfolk  county,  Notto- 
way,  Petersburg,  Pittsylvania,  Portsmouth,  Powhatan>  Prince  Ed- 
ward, Prince  George,  Princess  Anne,  Southampton,  Surry  and 
Sussex. 

Third  Circuit — The  third  circuit  is  composed  of  the  counties 
and  cities  of  Albemarle,  Alexandria  city,  Alexandria  county,  Alle- 
ghany,  Amherst,  Augusta,  Bath,  Buena  Vista,  Charlottesville, 
Clarke,  Clifton  Forge,  Culpeper,  Fairfax,  Fauquier,  Fluvanna, 
Frederick,  Greene,  Highland,  Loudoun,  Louisa,  Madison,  Nelson, 
Orange,  Page,  Prince  William,  Rappahannock,  Rockbridge,  Rock- 
ingham,  Shenandoah,  Staunton,  Warren  and  Winchester. 

Fourth  Circuit — The  fourth  circuit  is  composed  of  the  coun- 
ties and  cities  of  Bland,  Botetourt,  Bristol,  Buchanan,  Carroll, 
Craig,  Dickenson,  Floyd,  Franklin,  Giles,  Grayson,  Henry,  Lee, 
Montgomery,  Patrick,  Pulaski,  Radford,  Roanoke  city,  Roanoke 
county,  Russell,  Scott,  Smyth,  Tazewell,  Washington,  Wise  and 
Wythe. 

3.  Term  of  office.— The  term  of  office  of  the  members  of  the 
State  Board  of  Examiners  shall  be  three  years :  provided,  that  those 
selected  on  June  22,   1905,   shall  serve   as  follows:  two   for  one 
year;  two  for  two  years;  and  one  for  three  years;  the  length  of 
service  of  each  examiner  to  be  determined  by  lot. 

4.  The  compensation.— The  compensation  of  each  examiner  is 
two  thousand   ($2,000)   dollars  per  annum,  with  an  allowance  for 
necessary  expenses  while  engaged  in  the  duties  of  the  office.     The 


144 

secretary  of  the  board  is  allowed  $12.50  per  month  in  addition  to 
the  amount  named  above. 

5.  By  whom  employed.— The  State  Board  of  Examiners  shall 
be  employed  by  the  State  Board  of  Education,  and  shall  be  directly 
responsible  to  said  board,  which  shall  have  the  power  of  removal 
for  cause. 

6.  Duties  of  the  board  of  examiners. — The  following  regula- 
tions have  been  adopted  by  the  State  Board  of  Education  governing 
the  State  Board  of  Examiners: 

The  State  Board  of  Examiners  shall  perform  such  duties  as  are 
hereinafter  prescribed,  and  such  other  duties  as  the  State  Board  of 
Education  may  from  time  to  time  designate. 

It  shall  be  the  duty  of  each  member  of  the  State  Board  of 
Examiners — 

First.  To  make  an  annual  report  to  the  Superintendent  of  Pub- 
lic Instruction,  who  shall  transmit  the  same  to  the  State  Board  of 
Education,  showing  the  school  conditions  in  counties  and  cities  in- 
cluded in  his  circuit,  and  giving  such  other  information  and  sug- 
gestions as  may  seem  pertinent. 

Second.  To  present  to  the  Superintendent  of  Public  Instruction 
a  special  report  on  dny  matter  submitted  to  him  whenever  the 
superintendent  may  so  demand,  and  to  perform  such  other  duties 
as  may  be  required  of  him  by  the  Superintendent  of  Public  In- 
struction and  the  State  Board  of  Education. 

Third.  To  attend  any  regular  or  special  meeting  of  the  State 
Board  of  Education  when  so  requested,  the  expenses  of  such  at- 
tendance to  be  charged  against  the  allowance  made  to  cover 
expenses. 

7.  Duties  to  division  superintendents. — It  shall  be  the  duty  of 
the  members  of  the  State  Board  of  Examiners — 

First.  To  co-operate  cheerfully  with  the  division  superin- 
tendents, and  to  aid  them  in  any  manner  possible,  by  advice  or 
otherwise,  in  improving  school  conditions  in  the  various  divisions 
of  the  separate  circuits. 

Second.  To  assist  the  superintendents  in  institutes  and  teach ers' 
meetings,  in  holding  educational  meetings,  and  in  otherwise  elicit- 
ing the  interest  of  the  people  in  school  conditions. 

Third.  To  aid  the  superintendent  of  any  division  in  procuring 
the  practical  interest  of  local  boards  in  lengthening  school  terms, 
increasing  the  pay  of  teachers,  and  otherwise  furthering  ihe  mate- 
rial progress  of  the  schools. 


145 

Fourth.  To  advise  the  sup erinten dents  with  reference  to  lo- 
cating school  buildings  and  erecting  the  same  in  accordance  with 
approved  plans. 

8.  Duties  to  trustees.— It  shall  be  the  duty  of  the  State  Board 
of  Examiners — 

First.  To  hold  conferences  with  trustees,  individually  and  col- 
lectively, and  to  procure  their  active  interest  and  support  in  behalf 
of  district  schools. 

Second.  To  encourage  such  trustees  to  hold  meetings  of  their 
patrons  in  the  interest  of  better  school  conditions. 

Third.  To  give  to  trustees  such  advice  and  counsel  as  will  en- 
able them  better  to  perform  the  duties  of  their  office. 

9.  Duties  to  schools.— It  shall  be  the  duty  of  the  State  Board 
of  Examiners — 

First.  To  visit  in  each  division  as  many  schools  as  possible, 
to  note  carefully  the  work  of  the  teachers,  and  to  make  to  the 
division  superintendent  such  suggestions  as  may  seem  valuable  in 
improving  school  conditions. 

Second.  To  offer  advice  as  to  improving  and  beautifying 
school  grounds  and  buildings  in  order  to  add  to  their  comfort  and 
attractiveness. 

Third.  To  visit  especially  each  high  school  and  use  every  effort 
to  bring  these  schools  under  the  conditions  prescribed  by  the 
State  Board  of  Education  for  public  high  schools  in  Virginia. 

10.  Duties  to  teachers. — It  shall  be  the  duty  of  the  State  Board 
oi  Examiners  to  hold  examinations,  issue  certificates,  and  prescribe 
courses  of  reading  under  such  rules  and  regulations  as  may  be 
adopted  or  approved  by  the  State  Board  of  Education. 

EXAMINATIONS  AND  CERTIFICATES 

11.  Public  notice  of  examinations.— The  State  Board  of  Ex- 
aminers shall  fix  the  time  for  the  examination  of  teachers,  and 
the  division  superintendents  shall  give  public  notice  at  least  thirty 
days  prior  to  all  regular  examinations  to  be  held  in  their  respective 
divisions. 

12.  Examination  questions. — They  shall  prepare  the  examina- 
tion questions  and  send  them  under  seal  to  the  division  superin- 
tendents, and  the  examinations  shall  be  held  under  such  regulations 
and  safeguards  as  the  State  Board  of  Examiners  may  prescribe. 

13.  Applicants  to  fill  up  forms. — At  every  examination  held 


146 

the  division  superintendent  or  his  assistants  shall  furnish  to  every 
applicant  a  copy  of  the  forms  prescribed  by  the  State  Board  of 
Examiners  for  recording  the  name,  number,  county,  sex,  age,  color, 
place  of  nativity,  and  post-office  address  of  the  applicant.  Before 
any  examination  questions  are  given  out,  the  superintendent  shall 
require  every  applicant  to  fill  up  this  form  in  full  and  return  it  to 
the  superintendent. 

The  superintendent  or  his  assistant  shall  number  the  applicants 
in  consecutive  order,  beginning  with  number  one.  Care  should 
be  exercised  to  see  that  no  two  applicants  of  like  race  have  the 
same  number. 

The  papers  shall  be  signed  by  each  applicant  to  show  county, 
number  and  race — for  example:  Surry,  No.  7,  white.  The  form 
containing  the  names  of  applicants  shall  be  retained  by  division 
superintendents  until  the  report  of  results  of  examination  is  made 
by  board  of  examiners  by  county,  number  and  race. 

When  applicants  from  one  division  are  examined  in  another 
division  the  papers  must  be  numbered  and  signed  as  coming  from 
the  division  in  which  the  applicant  is  examined.  Where  appli- 
cants take  the  examination  at  one  of  the  summer  institutes  the 
papers  must  be  numbered  as  coming  from  the  institute. 

14.  Disposition  of  papers. — Within  three  days  after  the  close 
of  the  examination  the  superintendent  shall  forward  the  papers  to 
some  point  designated  by  the  State  Board  of  Examiners.     These 
examination  papers  shall  be  examined,  valued  and  graded  by  the 
State  Board  of  Examiners  acting  together.     The  said  examination 
papers  shall  then  be  forwarded  by  freight  to  the  department   of 
public  instruction,  where  they  shall  be  kept  for  twelve  months  and 
then  destroyed.     As  soon  as  possible  after  the  close  of  the  exami- 
nation the  State  Board  of  Examiners  shall  issue  directly  to  each 
applicant  a  teacher's  certificate  or  a  notification   of  failure,   and 
transmit  to  the  department  of  public  instruction  a  duplicate  list 
of  applicants,  with  the  result  of  the  examination  of  each. 

15.  Uniform   examinations    and    subjects. — Uniform    examina- 
tions shall  be  held  annually,  under  the  supervision  of  the  division 
superintendents,  on  days  to  be  set  by  the  State  Board  of  Examiners, 
on   orthography    (including  punctuation),   reading,   writing,   arith- 
metic   (including   business    forms),    elementary    algebra    (through 
quadratics),    grammar,   geography,   history   of  the   United   States, 
history  of  Virginia,  civil  government  (including  the  government  of 
Virginia),  drawing,  theory  and  practice  of  teaching,  physiology  and 


147 

hygiene,  physical  geography,  elementary  agriculture,  general  his- 
tory, English  history,  and  after  January  1,  1913,  manual  training, 
sewing,  and  cooking. 

16.  Certificates.— Certificates  issued  by  the  State  Board  of  Ex- 
aminers on  the  uniform  examinations  shall  state  the  branches  upon 
which  the  holders  have  been  examined,  and  shall  be  graded  ac- 
cording to  the  ratio  of  answers  of  each  applicant,  and  according  to 
other  evidence  of  qualification  appearing  from  the  examination, 
together  with  the  information  and  knowledge  of  the  applicant's 
successful  experience  as  a  teacher,  furnished  by  the  division  su- 
perintendent. 

'17.  First  grade  certificate. —  (a)  To  obtain  a  first  grade  certifi- 
cate, the  applicant  must  be  at  least  nineteen  years  old,  must  have 
had  nine  months  *  successful  experience  in  teaching,  must  make  an 
average  of  85  per  cent,  on  the  following  subjects :  orthography  (in- 
cluding punctuation),  reading,  writing,  arithmetic  (including  busi- 
ness forms),  elementary  algebra  (through  quadratics),  grammar, 
geography,  history  of  the  United  States,  history  of  Virginia,  civil 
government  (including  the  government  of  Virginia),  drawing,  theory 
and  practice  of  teaching,  physiology  and  hygiene,  one  branch  of 
science  (either  physical  geography  or  elementary  agriculture),  and 
one  division  of  history  (either  general  or  English),  and  must  not 
fall  below  70  per  cent,  on  any  subject. 

The  first  grade  certificate  will  continue  in  force  for  a  term  of 
five  years,  and  may  be  renewed  for  a  period  not  exceeding  two 
years  upon  evidence  that  the  teacher  has  successfully  taught  for  at 
least  three  of  the  five  years,  and  has  completed  such  reading  as 
the  State  Board  of  Examiners  may  have  prescribed. 

(b)  Applicants  who  make  first  grade  average  on  the  required 
subjects,  but  who  have  not  had  the  requisite  experience,  will  be 
issued  a  second  grade  certificate,  which  may  be  changed  to  a  first 
grade  certificate  after  nine  months  of  successful  teaching. 

(c)  Without  examination. — Any  teacher  who  held  a  first  grade 
certificate  for  six  years  immediately  prior  to  July.  1907,  and  pre- 
sents to  the  State  Board  of  Examiners  satisfactory  evidence  of  suc- 
cessful experience  in  the  public  schools  of  Virginia  for  the   said 
six  years,   accompanied  by   a  recommendation   from   the   superin- 
tendent of  the  division  in  which  he  last  taught,  may  be   granted 
a  first  grade  certificate  without  further  examination.     The  holders 
of  these  certificates  will  not  be  required  to  take  another  examina- 
tion for  a  first  grade  certificate   so  long  as  their  work  is  endorsed 


148 

by  their  superintendents  as  satisfactory  and  they  pursue  the  reading- 
course  prescribed  for  each  year. 

(d)  First  grade  certificates  issued  by  division  superintendents 
finally  expiring  in  1910,  or  which  previously  expired,  may  be  ex- 
changed for  new  first  grade  certificates  issued  by  the  State  Board 
of  Examiners,  provided  the  holders  pass  the  examination  on  the 
added  subjects  for  a  new  first  grade  certificate,  which   are   ele- 
mentary algebra  through  quadratics,   general  or  English  history, 
and  either  physical  geography  or  elementary  agriculture. 

(e)  Teachers  who  have  completed  the  certificate  course  at  the 
State  normal  schools  for  women  will  be  issued  first  grade  certifi- 
cates, good  for  three  years,  and  not  renewable. 

18.  Second  grade  certificate. — To  obtain  a  second  grade  certi- 
ficate, the  applicant  must  be  not  less  than  eighteen  years  old,  must 
make    an    average    of    75    per    cent,    on   the    following    subjects: 
orthography  (including  punctuation),  reading,  writing,  arithmetic 
(including  business  forms),   grammar,   geography,   history  of  the 
United  States,  history  of  Virginia,  civil  government  (including  the 
government  of  Virginia),  drawing,  theory    and  practice  of  teach- 
ing, physiology  and  hygiene,  and  must  not  fall  below  60  per  cent, 
on  any  subject. 

The  second  grade  certificate  will  continue  in  force  for  a  term 
of  two  years,  and  may  be  renewed  for  a  period  of  one  year  upon 
evidence  that  the  teacher  has  taught  successfully  for  one  of  the  two 
years  and  has  satisfactorily  completed  the  reading  course  pre- 
scribed by  the  State  Board  of  Examiners. 

19.  Third  grade  certificate. — To  obtain  a  third  grade  certificate, 
the  applicant  must  be  at  least  eighteen  years  old,  must  make  an 
average  of  65  per  cent,  on  orthography    (including  punctuation), 
reading,  writing,  arithmetic  (including  business  forms),  grammar, 
geography,  history  of  the  United  States,  history  of  Virginia,  civil 
government    (including  the    government   of  Virginia),   physiology 
and  hygiene,  and  must  not  fall  below  50  per  cent,  on  any  subject. 

The  third  grade  certificate  will  continue  in  force  for  one  year 
and  will  not  be  renewable:  and  if  a  person  holding  a  third  grade 
certificate  shall  not  on  a  subsequent  annual  examination  obtain  a 
higher  grade  certificate  that  person  shall  not  be  authorized  to  teach 
in  the  public  schools  of  the  State. 

No  teacher  holding  a  third  grade  certificate  shall  be  elected  to 
any  position  if  a  teacher  holding  a  first  or  second  grade  certificate 
is  available. 


149 

20.  Fourth  grade  certificate.— A  certificate,  to  be  known  as 
fourth  grade,  good  for  two  years  and  not  subject  to  extension,  may 
be  issued  to  negro  applicants  who  make  an  average  of  50  per  cent, 
on  the  subjects  required  for  the  present  third  grade  and  do  not 
fall  below  40  per  cent,  on  any  subject.     This  certificate  is  designed 
to  encourage  a  better  preparation  on  the  part  of  negro  applicants, 
and  will  be  continued  only  a  reasonable  number  of  years  for  them 
to  acquire  this  preparation.     This  certificate,  like  the  third  grade, 
cannot  be  issued  to  the  same  applicant  a  second  time. 

21.  Professional  certificate. — (a)  A  professional  certificate  will 
be  issued  to  any  graduate  in  the  normal  course  of  the  University 
of  Virginia,  the  State  Female  Normal  School,  Farmville;  William 
and  Mary  College;  Harrisonburg,  Fredericksburg  and  Radford  Nor- 
mal and  Industrial  Schools  for  Women,  Virginia  Normal  and  In- 
dustrial Institute,  and  the  Hampton  Normal  and  Agricultural  Insti- 
tute.    This  certificate  shall  continue  in  force  for  seven  (7)  years 
and  be  renewable  for  a  similar  period  from  time  to  time  on  evi- 
dence satisfactory  to  the  board  that  the  holder  has  not  only  been  a 
successful  teacher,  but  has  maintained  the  standard  of  a  profes- 
sional teacher  in  his  work,  and  has  satisfactorily  completed  the 
reading  course  prescribed  by  the  State  Board  of  Examiners  each 
year  after  1909. 

(b)  Teachers  holding  first  grade  certificates  who  complete  the 
professional  course  of  study  prescribed  by  the  State  Board  of  Ex- 
aminers will  be  issued  professional  certificates. 

(c)  Teachers  holding  high  school  certificates  will  be  permitted 
to  pursue  the  professional  course  of  study    and  have  their  high 
school  certificates  extended  while  taking  the  course,  provided  they 
pass  on  at  least  two  subjects  each  year. 

22.  Collegiate  certificate.— For  regulations  in  regard  to  collegi- 
ate certificates  see  regulations  101,  102,  103  and  104. 

23.  High  school  certificate.— (a)  A  graduate  of  a  public  high 
school  having  a  four  years'  course  of  study  approved  by  the  State 
Board  of  Examiners  shall,  upon  application  to  the  board,  accom- 
panied by  endorsements  as  to  character  by  the  division  superin- 
tendent, receive  a  high  school  certificate,  which  shall  be  good  for 
one  year,  but  not  renewable. 

(b)  To  the  graduates  of  high  schools  other  than  Virginia 
high  schools,  but  of  the  same  grade  as  the  standard  four-year  high 
school,  the  Board  of  Examiners  may  issue,  after  examination  and 
approval  of  the  school,  high  school  certificates  good  for  one  year. 


350 

(c)  High  school  certificates  are  not  renewable,  but  will  be 
extended,  provided  the  holders  pursue  the  professional  course  of 
study  and  pass  successful  examinations  on  at  least  two  subjects 
each  year,  or  successfully  pass  on  at  least  two  courses  in  the  Uni- 
versity of  Virginia  Summer  School,  or  one  of  like  grade. 

24.  Requirements  for  teachers  of  higher  branches. — Persons  de- 
siring to  teach  in  the  public  high  schools  or  in  the  public  schools 
where  the  higher  branches  are  to  be  taught  shall  be  examined  on 
such  higher  branches  as  they  may  be  required  to  teach :  provided, 
however,  that  graduates  of  colleges  and  universities  of  approved 
standing  shall  be  issued  without  further  examination  special  cer- 
tificates to  teach  in  such  schools  the  branches  in  which  they  have 
graduated. 

25.  Normal  training  certificate. —  (a)    Students  who   graduate 
from  a  four-year  high  school,  where  the  training   class  work  is 
based  on  three  years  of  high  school  work   and  made  a  part  of  the 
fourth  year's  work,  shall  receive  training  class  certificates    good 
for  three  years,  but  not  renewable. 

(b)  Students  who  graduate  from  a  high  school  where  the 
training  class  work  is  based  on  two  years  of  high  school  work 
and  made  a  part  of  the  third  year's  work,  shall  receive  training 
class  certificates  good  for  two  years,  but  not  renewable. 

These  certificates  entitle  the  holder  to  teach  only  in  one  and 
two-room  schools. 

26.  Special  certificate. — (a)   A  certificate  known  as  a  special 
certificate  may  be   granted  to  teachers   engaged   in   departmental 
work  or  in  teaching  special  subjects,  such  as  manual  training,  agri- 
culture, nature  study,  domestic  science,  kindergarten,  music,  draw- 
ing   and  primary  methods. 

This  certificate  will  be  good  for  five  years  and  renewable  for 
a  similar  period  from  time  to  time  on  evidence  satisfactory  to  the 
State  Board  of  Examiners  that  the  holder  has  been  a  successful 
teacher  and  pursued  a  satisfactory  professional  course  of  reading. 

(b)  Teachers  who  are  applicants  for  special  certificates  will 
be  required  to  pass  a  satisfactory  examination  on  the  subjects  pre- 
scribed for  a  first  grade  certificate,  or  otherwise  satisfy  the  State 
Board  of  Examiners  that  they  are  proficient  on  the  subjects  re- 
quired for  a  first  grade  certificate:  provided,  however,  that  the 
examiner  may  make  exception  in  the  cases  of  applicants  for  special 
certificates  on  music,  drawing  and  domestic  science. 


161 

(c)  Applicants  who  are  graduates  from  the  kindergarten  de- 
partments of  the  State  normal  schools  or  other  recognized  kinder- 
garten training  schools,  and  who  furnish  evidence  of  the  required 
scholarship,  will  be  issued  kindergarten  certificates. 

(d)  A  departmental  certificate  will  be  issued  to  any  applicant 
who  has  passed  a  successful  examination  for  a  first  grade  certi- 
ficate   and  can  furnish   satisfactory  evidence  of  sufficient   special 
study  in  the  branch  which  the  applicant  is  to  teach. 

27.  Division  of  examinations. — (a)  Two  examinations  are  held 
each  year,  the  spring  examination  the  latter  part. of  April,  and  the 
summer  examination  the  latter  part  of  July.  Teachers  may  take 
either  of  these  examinations.  Those  teachers  who  take  the  spring 
examination  and  fail  will  not  be  permitted  to  take  the  summer 
examination  unless  -they  in  the  meantime  attend  some  State  sum- 
mer institute.  Teachers  who  expect  to  attend  a  State  summer 
school  for  twenty  days  may  take  part  of  the  spring  examination, 
and  the  remainder  at  the  close  of  the  summer  school. 

No  certificate  will  be  given  on  the  part  taken  in  the  spring, 
but  the  grades  then  made  will  be  combined  with  those  made  in  the 
summer  examination. 

(b)  If  teachers  holding  certificates  (emergency  certificates  not 
counted)   do  not  take  the  spring  examination,  but  attend  a  State 
summer  institute  for  at  least  twenty    (20)    days,   and  pass  on  at 
least  one-half  the  subjects  at  the  summer  examination  at  the  close 
of  the  institutes,  including  arithmetic  and  grammar,  they  will  be 
given  provisional  certificates,  good  for  one  year,  of  such  grade  as 
the  averages  warrant.     The  examination  may  be  completed  the  fol- 
lowing year,  when  a  full  certificate  of  the  proper  grade  will  be 
issued,  bearing  the  same  date  as  the  provisional  certificate.     No  pro- 
visional certificate  will  be  issued  to  any  one  who  does  not  hold  a 
certificate  other  than  an  emergency  certificate. 

(c)  Teachers  attending  summer  institutes  who  take  a  part  of 
the  whole  examination  and  make  the  required  grades  on  one-half 
the  subjects — 85  per  cent,  on  each  of  seven  subjects  for  first  grade, 
and  75  per  cent,  on  each  of  six  subjects  for  second  grade — will  be 
given  provisional  certificates,  good  for  one  year,  and  not  renewable. 

(d)  When  the  course  is  divided  only  two  examinations  can  be 
combined,  and  one  of  these  must  be  taken  after  a  regular  attendance 
o2  at  least  twenty  days  at.  one  of  the  State  summer  institutes. 

28.  Recognition  of  certificates  from  other  States.— Certificates 
issued  by  local  superintendents  in  other  States  will  not  be  recog- 


152 

nized,  but  State  certificates  from  States  which  recognize  Virginia 
certificates  may  be  recognized  by  the  Board  of  Examiners  of  Vir- 
ginia. 

29.  Special  examinations. — The  State  Board  of  Examiners  is 
authorized  to  provide  for  special  examinations  for  such  applicants 
as  may  be  detained  from  the  regular  examinations  by  sickness  duly 
attested  by  a  physician's  certificate  or  by  other  causes  deemed  suf- 
ficient by  the  State  Board  of  Examiners. 

30.  Endorsement  of  certificates. — The  certificates  issued  by  the 
State  Board  of  Examiners  shall  be  valid  in  any  school  division  when 
endorsed  by  the  superintendent  thereof. 

31.  May  refuse  to  endorse  applicant's  certificate. — A  superin- 
tendent may,  for  sufficient  reason,  refuse  to  endorse  the  certificate 
of  the  applicant :  provided,  that  all  such  cases  shall  be  reported  to 
the  Superintendent  of  Public  Instruction  with  a  reason  for  such 
action. 

32.  Certificates  may  be  revoked. — All  certificates  will  be  liable 
to  revocation  by  the  division  superintendent  for  cause,  subject  to 
appeal  to  the  State  Board  of  Examiners,  provided  the  appeal  be 
taken  within  thirty  days  from  the  revocation  of  the  certificate. 

33.  Duplicate   certificates. — No   duplicate   certificate    shall  be 
granted  except  on  positive  evidence  that  the  loss  of  the  original 
was  not  due  to  negligence  on  the  part  of  the  person  to  whom  it 
was  granted. 

34.  Status  of  existing  certificates. — Nothing  in  these  regula- 
tions is  intended  to  disturb  the  status  of  any  outstanding  certificate 
now  in  force  in  Virginia. 

35.  Courses  of  reading. — The  State  Board  of  Examiners  shall 
prepare  suitable  courses  of  reading  for  teachers,  and  shall  designate 
what  reading  shall  be  required  annually  of  all  teachers. 

36.  Regulations  and  circulars. — The  State  Board  of  Examiners 
shall  have  authority  to  pass  such  regulations  as  may  be  necessary 
to  put  into  effect  the  prescribed  system  of  examinations,  and  may 
publish  and  distribute  such  circulars  as  may  be  needed  when  such 
regulations  and  circulars  shall  have  been  approved  by  the  State 
Board  of  Education  or  the  Superintendent  of  Public  Instruction. 

37.  Authority  in  holding  examinations,  issuing,  extending  and 
renewing  certificates. — The  State  Board  of  Examiners  has,  subject 
to  the  regulations  of  the  State  Board  of  Education,  full  authority  in 
the  matter  of  holding  examinations  for  teachers  and  in  issuing,  ex- 
tending and  renewing  certificates. 


>o  i 

. 


153 

DIVISION  SUPERINTENDENTS 

38.  Register  of  applicants  for  certificates. — Every  division  su- 
perintendent shall  keep  a  register  of  all  applicants  for  license  to 
teach  in  his  division  and  shall  enter  therein  the  name,  sex,  age, 
color,  and  post-office  of  every  applicant,  together  with  the  results  of 
the  examination  as  reported  to  him  by  the  State  Board  of  Ex- 
aminers, and  such  other  information  as  may  be  called  for  by  the 
Superintendent  of  Public  Instruction. 

39.  Monthly    reports. — Every    division    superintendent    shall 
ake  a  monthly  report  to  the  Superintendent  of  Public  Instruction,, 

in  form  prescribed  by  him,  which  report  shall  be  due  at  the  office- 
01  the  department  of  public  instruction  on  or  before  the  fifteenth' 
day  of  the  month  next  succeeding  that  for  which  the  report  is  made. 

40.  Penalty  for  delay  of  monthly  report. — Should  the  monthly 
report  of  any  division  superintendent  of  schools,  required  to  be 
made  by  section  thirty-nine  of  these  regulations,  fail  to  reach  the 
office  of  the  department  of  public  instruction  on  or  before  the  time 
prescribed  in  said  section,  such  superintendent  shall  be  liable  to  a 
fine  of  one  dollar  for  every  day's  delay,  to  be  deducted  from  his 
salary:  provided,  the  whole  amount  of  such  fine  shall  not  exceed 
one  month's  salary  of  such  superintendent,  and  the  same  shall  be 
imposed  by  the  State  Board  of  Education  after  notice  to  the  party. 
concerned. 

41.  To  make  reports. — It  shall  be  the  duty  of  each  division: 
superintendent  to  observe  such  directions  and  regulations  as  the 
Superintendent  of  Public  Instruction  may  from  time  to  time  pre- 
scribe; to  make  special  reports  to  that  officer  whenever  required; 
and  on  or  before  the  first  day  of  September    annually  to  make  to 
him  a  report  for  the  year  ending  the  thirtieth  day  of  June  pre- 
ceding, in  such  form  and  containing  all  such  particulars  as  shall  be- 
prescribed  and  called  for;  and  to  supplement  this  report  by  an  ad- 
visory report  showing  the  school  conditions  in  his   division  and 
making  such  suggestions  as  seem  to  be  for  the  good  of  the  schools. 
And  until  such  annual  report  shall  have  been  received  at  the  office- 
of  the  Superintendent  of  Public  Instruction,  the  division  superin- 
tendent shall  not  draw  his  August  or  subsequent  instalments  of 
pay  from  the  State  treasury.     A  brief  abstract  of  the  said  annual 
report,  unless  the  Superintendent  of  Public  Instruction  direct  other- 
wise, shall  be  furnished  to  every  newspaper  published  in  the  county. 


154 

42.  Penalty  for  delay  of  annual  report. — Should  the  annual  re- 
port of  any  division  superintendent  of  schools  fail  to  reach  the  of- 
fice of  the  department  of  public  instruction  on  or  before  the  first 
day  of  September,  such  superintendent  shall  be  liable  to  a  fine  of 
'one  dollar  for  every  day's  delay  thereafter,  to  be  deducted  from 
his  salary:  provided,  the  whole  amount  of  such  fine  shall  not  ex- 
ceed one-half  of  the  superintendent's  salary  for  three  months,  and 
the  same  shall  be  imposed  by  the  State  Board  of  Education  after 
.notice  to  the  party  concerned. 

43.  Inspection  of  record  and  account  boqjks. — It  shall  be  the 
'duty  of  superintendents  to  inspect  the  record  and  account  books  of 
district  clerks  from  time  to  time  during  the  year ;  to  see  that  .such 
books  are  neatly  and  correctly  kept ;  to  see  that  all  school  funds  are 
properly  applied,  and  that  the  money  set  apart  exclusively  for  the 
pay  of  teachers  is  not  used  for  any  other  purpose. 

44.  Reports    from    treasurers. — Superintendents    shall    require 
county  treasurers  to  report  to  them  on  or  before  the  tenth  day  of 
December  of  each  year,  and  thereafter  at  intervals  of  three  months, 
until  their  final  settlement  at  the  close  of  the  fiscal  year,  the  amount 
•of  State  school  money  received ;  the  number  and  amount  of  war- 
rants on  the  State  school  fund  presented  for  payment ;  the  num- 
ber and  amount  paid  by  the  treasurer;  the  balance  of  State  funds 
'on  hand    and  to  what  districts  due;  the  amount  of  county  school 
funds  received  and  apportioned  to  the  districts  by  the  superinten- 
dent ;  the  number  and  amount  of  warrants  on  the  county  fund  pre- 
sented for  payment ;  the  num'ber  and  amount  paid  by  the  treasurer ; 
the  balance  of  county  funds  on  hand    and  to  what  districts  due; 
the  amount  of  district  taxes  collected  for  the  respective  districts, 
with  the  number  and  amount  of  the  warrants  on  the  several  dis- 
tricts presented  and  paid,  and  the  balance  due  the  districts;  also, 
the  amount  of  county  school  tax   collected    which  has  not  been 
•apportioned  to  the  several  districts  by  the  superintendent. 

45.  Apportionment   scheme. — Each    superintendent   shall    pre- 
pare annually,  and  at  such  other  times  as  may  be  necessary,  under 
directions  from  the  county  school  board,  a  scheme  for  apportion- 
ing the  State  and  county  school  funds  among  the  school  districts 
within  each  county  under  his  supervision ;  a  copy  of  which  scheme 
shall  be  furnished  to  the  county  treasurer  and  to  the  clerk  of  each 
school  district,  and  also  to  the  editor  of  each  newspaper  published 
within  the  countv. 


155 

46.  Apportionment  of  funds.— Whenever  the  treasurer  reports 
county  school  money  on  hand,  or  the  superintendent  knows  that 
it  should  be,  the  superintendent  shall  immediately  take  steps  to 
have  said  fund  apportioned  to  the  several  districts   as  provided  by 
section  1447,  sub-division  3,   of  the   Code   of  Virginia,   and  shall 
notify  the  district  clerks,  in  writing,  of  the  amount  apportioned 
to  their  respective  districts,  as  well  as  the  amount  of  district  tax 
in  the  hands  of  the  treasurer  belonging  to  their  districts. 

47.  Apportionment  to  be  recorded. — In  the  records  required 
to  be  kept,  superintendents  shall  enter  in  full  the  scheme  of  each 
apportionment  of  State  and  county  school  funds  made  to  the  sev- 
eral districts  of  their  respective  counties,  showing  the  amount  and 
date  of  said  apportionments. 

48.  Supplying  text-books.— Superintendents  shall  see  that  effi- 
cient arrangements  are  made    whereby  supplies  of  the  text-books 
prescribed  for  use  in  their  respective  divisions  shall  be   brought 
within  easy  reach  of  the  children    and  sold  at  the  prices  fixed  by 
the  State  Board  of  Education ;  and  they  shall  give  due  public  notice 
of  the  titles  and  prices  of  the  text-books  and  the  mode  of-  obtaining 
them  in  accordance  with  the  regulations  adopted  by  the  State  Board 
of  Education. 

49.  Distribution  of  reports,  forms,  etc. — Superintendents  shall 
distribute  promptly  all  reports,  forms,  laws,  and  regulations  which 
may  be  received  from  the  Superintendent  of  Public  Instruction,  and 
in  accordance  with  his  directions. 

50.  Enforce     laws,    regulations     and     decisions. — Superinten- 
dents shall  explain  the  school  system  and  give  information  about 
it  on  all  suitable  occasions,  and  shall  take  care  that  all  school  laws 
and  regulations  are  strictly  enforced  and  that  the  decisions  of  the 
Superintendent  of  Public  Instruction,  and  of  the  State  Board  of 
Education,  upon  controversies  relating  to  the  school  laws  of  the 
State,  or  to  the  regulations  prescribed  by  the  State  Board  of  Edu- 
cation, are  complied  with  by  the  persons  concerned.     In  case  such 
decisions  are  not  complied  with,  the  division  superintendent  shall 
inform  the  Superintendent  of  Public  Instruction  thereof,  and  state 
the  circumstances  connected  therewith. 

51.  Penalty  for  failure  to  furnish  information. — Should  any  di- 
^.ision  superintendent  of  schools  fail  to  furnish  by  the  time  pre- 
scribed by  the  department  of  public  instruction    such  information 
as  may    from  time  to  time    be  called  for  by  said  department,  by 
letter,  circular,  or  otherwise,  he  shall  be  liable  to  a  fine  of  one 


156 

dollar  for  every  day's  delay,  to  be  deducted  from  the  salary  of 
such  superintendent:  provided,  the  whole  amount  of  such  fine  shall 
not  exceed  one  month's  salary  of  such  superintendent  and  the  same 
shall  be  imposed  by  the  State  Board  of  Education  after  notice  to  the 
party  concerned. 

52.  Secretary  to  report  delinquent  superintendents. — The  secre- 
tary of  the  State  Board  of  Education  shall  from  time  to  time  re- 
port to  the  board  the  names  of  all  superintendents  upon  whom 
fines  may  be  imposed  for  failure  to  comply  with  the  requirements 
of  sections  forty,  forty- two  and  fifty-one  of  these  regulations,  and 
shall  promptly  notify  said  superintendents  of  his  action. 

53  Organization  of  boards  of  trustees. — It  shall  be  the  duty  of 
superintendents  to  assist  in  the  organization  of  boards  of  district 
school  trustees,  with  the  privilege  of  being  present  at  all  meetings 
of  such  boards,  and  of  participating  in  the  discussions  of  questions 
therein,  but  not  of  voting. 

54.  Reports  from  district  clerks. — Superintendents  shall  require 
from   clerks   of   boards   of   district   school  trustees    annually,    and 
oftener   if  necessary,  such  detailed  reports  of  the  statistics  touch- 
ing the  public  free  schools  of  their  respective  districts  as  the  said 
superintendent  shall  prescribe. 

55.  To  hear  appeals. — In  all  cases  not  otherwise  provided  for, 
an  appeal  may  within  ninety  days  be  taken  to  the  division  super- 
intendent concerning  the  acts  of  any  person  connected  with  the 
school  system  of  the  action  of  any  school  board  within  his  bounds, 
by  any  teacher  or  school  officer,  or  by  five  or  more  interested  heads 
of  families  who  may  feel  themselves  aggrieved,  and  from  the  divi- 
sion superintendent  of  schools  to  the  Superintendent  of  Public  In- 
struction, who,  if  he  cannot  satisfactorily  adjust  the  same,  shall,  in 
his  discretion,  grant  an  appeal  to  the  State  Board  of  Education, 
and  that  board  shall  finally  decide  all  questions  at  issue. 

The  application  for  such  appeal,  and  all  evidence  in  support 
of  or  in  opposition  thereto  shall  be  in  writing:  provided,  that  the 
State  Board  of  Education  may,  in  its  discretion,  after  an  appeal  is 
granted  to  such  board,  hear  oral  testimony  upon  any  issue  pre- 
sented by  the  appeal.  But  in  all  cases  of  appeal  to  the  Superinten- 
dent of  Public  Instruction  all  evidence  must  be  reduced  to  writing. 

56.  To  administer  oaths,  etc.— Every  superintendent  shall  ad- 
minister oaths  and  take  testimony  in  all  matters  relating  to  public 
schools,  whenever  required,  in  cases  pending  or  to  come  before  him- 
self or  before  the  Superintendent  of  Public  Instruction,  or  before 


157 

the  State  Board  of  Education ;  and  he  shall  also  administer  the  oath 
of  office  to  school  trustees  when  called  upon  to  do  so. 

57.  Visitation  of  schools. — It  shall  be  the  duty  of  every  superin- 
tendent to  visit  and  inspect  each  school  in  his  division  at  least  once 
during  each  session,  and  twice  if  the  whole  number  of  schools  does 
not  exceed  seventy-five,  or  to  report  in  writing  to  the  Superinten- 
dent of  Public  Instruction  a  reasonable  excuse  for  not  doing  so. 
He  shall  inquire  into  all  matters  relating  to  their  management,  the 
course  of  study  and  mode  of  instruction  therein,  their  text-books 
and  discipline,  the  condition  of  the  school-houses,  sites,  outbuild- 
ings, and  appendages,  and  in  general  into  whatever  concerns  the 
usefulness  and  perfection  of  the  public  free  schools  under  his  su- 
pervision; to  examine  the  records  and  official  papers  of  the  school 
district,  and  teachers  in  relation  to  their  duties,  and  to  call  especial 
attention  to  any  neglect  or  violations  of  any  laws  or  regulations 
pertaining  thereto;  and,  when  necessary,  to  take  lawful  measures 
to  abate  nuisances    or  to  condemn  as  unfit  to  be  longer  used  any 
school-houses  the  occupancy  of  which,  for  any  reason,  is  likely  to 
endanger  the  health  of  the  pupils. 

58.  County  institutes,  teachers,  and  so  forth. — It  shall  be  the 
duty  of  superintendents  to  promote  the  improvement  and  efficiency 
of  teachers  by  all  suitable  and  proper  methods,  under  directions 
from  the  Superintendent  of  Public  Instruction ;  and  to  this  end  they 
shall  encourage  and  assist  in  the  organization  and  management  of 
county  institutes,  of  which  at  least  one  shall  be  held  during  each 
school  session,  and  they  shall  labor  in  every  practicable  way  to 
olevate  the  standard   of  teaching  in  the  public  schools   and  im- 
prove their  condition.     It  shall  be  the  duty  of  the  superintendents 
to  preside  over  these  county  institutes.     They  shall  also  endeavor 
by  all  proper  means  to  promote   an   appreciation  and  desire  for 
education  among  the  people. 

59.  Provision  for  a  patrons'  day. — The  superintendents  shall 
require   the   principal   of   each   school   in   his   division   to   have    a 
patrons'  day,  to  be  held  on  the  school  premises  during  the  school 
term.     On  this  day  all  patrons  shall  be  invited  and  suitably  enter- 
tained by  school  exercises.     Advantage  shall  be  taken  of  this  day 
to  give  the  patrons  full  information  of  the  conditions  and  needs 
of  the  schools. 

60.  To  keep  a  record. — Every  superintendent  shall  keep  in  a 
bound   volume   a   record    of  his    own   official   acts,    and  shall   file 
methodically  all  official  papers. 


158 

61.  Trustees  to  act  as  division  superintendent  of  schools. — In 

case  of  any  vacancy  in  the  office  of  division  superintendent  of 
schools  occurring  when  the  State  Board  of  Education  is  not  in  ses- 
sion, the  Superintendent  of  Public  Instruction  is  authorized  to 
designate  a  school  trustee  of  the  division  to  serve  as  superinten- 
dent until  an  appointment  is  made  by  the  State  board. 

62.  The  division  superintendent  in  cities  shall  have  exclusive 
authority  to  assign  to  their  respective  positions  all  teachers  and 
principals  employed  by  the  school  board,  and  to  reassign  them  at 
his  discretion:  provided,  that  no  change  or  reassignment  shall  ef- 
fect the  salary  of  any  teacher. 

TRUSTEES 

63.  Oaths  of  office. — Every  district  school  trustee,  before  en- 
tering upon  the  duties  of  his  office,  and  within  thirty  days  after 
notice  of  his  appointment,  shall  take  and  subscribe  the  oaths  pre- 
scribed by  sections  one  hundred  and  sixty-eight  and  one  hundred 
and  sixty-nine  of  the  Code  of  Virginia.     As  soon  as  the  oaths  shall 
have  been  taken  and  subscribed  before  the  division  superintendent 
of  schools,  or  any  other  officer  authorized  to  administer  an  oath,  and 
a  minute  of  said  qualification  entered  of  record  in  the  clerk's  office 
of  the  circuit  or  corporation  court,  in  form  prescribed  by  the  Super- 
intendent of  Public  Instruction,  the  form  shall  be  returned  to  the 
clerk  of  the  school  trustee  electoral  board. 

64.  Stated  meetings. — District  school  boards  shall  hold  stated 
meetings,  the  exact  date  of  such  meetings  to  be  fixed  by  the  boards. 
Special  meetings  may  be  called  by  the  chairman,  or  by  the  other 
two  members  of  the  board,  of  which  all  the  members  shall  have  due 
notice. 

65.  Power  to  elect  and  contract  with  teachers. — District  boards 
of  school  trustees  have  full  power  to  employ  teachers,  subject  only 
to  the  statutes  regulating  the  eligibility  of  teachers  and  the  board 
of  appeal  provided  for  in  sections  one  thousand  four  hundred  and 
fifty  and  one  thousand  four  hundred  and  eighty-seven  of  the  Code  of 
Virginia.     In  all  cases  teachers  must  be  elected  and  contracted  with 
at  a  regular  or  called  meeting  of  the  board. 

66.  Contracts  with  teachers.— District  boards  must  enter  into 
written  contracts  with  teachers  before  the  teachers  enter  upon  the 
discharge  of  their  duties;  but  said  boards  shall  not  enter  into  a 
contract  with  any  person  to  teach  a  public  school  until  said  per- 


159 

son  presents  a  certificate  of  as  high  grade  as  the  school  for  which 
he  applies. 

67.  Penalty  for  failure.— Should  any  district  school  board  fail 
to  enter  into  written  contract  with  any  teacher  employed  in  the 
district,  in  form  prescribed  by  the  Superintendent  of  Public  In- 
struction, the  members  of  such  board  thereby  subject  themselves 
to  a  fine  of  not  less  than  $5  nor  more  than  $50  for  each  offense. 

68.  Report  to  superintendent.— Boards  of  school  trustees  shall, 
sented  at  the  meeting,  the  board  may  either  call  another  meeting 
immediately  upon  contracting  with  a  teacher,  report  the  fact  in 
writing  to  the  division  superintendent,  giving  the  teacher's  name 
and  post-office,  the  number  of  the  school  he  is  to  teach,  and  the 
amount  of  salary  agreed  to  be  paid,  in  form  prescribed  by  the  Su- 
perintendent of  Public  Instruction.     This  salary,  if  confirmed  by 
the  division  superintendent,  shall  not  be  increased  or  diminished 
during  the  year  without  his  written  consent. 

69.  Election  of  teachers  by  patrons. — While  the  district  board 
has  full  authority  to  employ  teachers,  the  board  may  elect  to  sub- 
mit the  question  of  a  teacher  to  the  patrons  of  a  school,  in  which 
case  the  proceedings  shall  be  governed  by  the  following  regula- 
tions : 

First.  The  board  shall  call  a  meeting  of  the  patrons  by  due 
proclamation  and  by  posting  a  notice  of  the  time  and  place  of 
meeting  at  least  ten  days  before  it  is  to  be  held  on  the  front  door 
of  the  school-house  and  at  three  of  the  most  prominent  and  con- 
venient places  in  the  district.  At  this  meeting  the  chairman,  or 
some  other  member  of  the  board,  shall  preside,  if  present;  if  no 
member  of  the  board  be  present,  the  meeting  shall  elect  a  chair- 
man and  also  a  secretary. 

Second.  The  clerk  of  the  district  board  shall  provide  the  meet- 
ing with  a  list  of  patrons  of  the  school,  which  list  shall  embrace 
the  names  of  all  those  who  pledge  themselves  to  send  their  children 
to  said  school  for  the  current  school  year. 

Third.  The  secretary  of  the  meeting  shall  ascertain  whether  a 
majority  of  the  children  are  represented.  If  they  are,  the  chair- 
man shall  declare  the  meeting  organized  and  ready  to  proceed  with 
the  election  of  a  teacher  for  the  school. 

Fourth.  The  election  shall  be  by  ballot  unless  otherwise  deter- 
mined by  the  meeting. 

Fifth.  No  teacher  shall  be  eligible  to  be  voted  for  unless  he 
presents  to  the  meeting  a  certificate  of  qualification  issued  to  him 
according  to  law  and  in  full  force  at  the  time  of  such  meeting. 


160 

Sixth.  Before  voting  for  a  teacher,  the  patrons  must  pledge 
themselves  to  support  the  one  selected  by  the  meeting. 

Seventh.  Immediately  upon  the  adjournment  of  the  meeting, 
the  secretary  thereof  shall  report  the  proceedings  to  the  chairman 
of  the  district  board,  who,  if  a  teacher  has  been  elected,  shall  cause 
&  contract  to  be  immediately  given  him  by  said  board. 

Eighth.  In  case  a  majority  of  the  children  were  not  repre- 
or  declare  its  determination  to  elect  a  teacher  regardless  of  the 
-action  of  the  patrons;  but  if  a  majority  of  the  children  were  repre- 
sented at  the  meeting,  then  the  board  must  be  governed  by  its 
action. 

70.  Length  of  daily  session. — The  time  of  opening  and  closing 
school  shall  be  prescribed  by  the  district  board  of  school  trustees, 
subject  to  the  approval  of  the  division  superintendent:  provided, 
that  where  an  intermission  of  thirty  minutes  or  more  is  given    no 
school  shall  open  later  than  0  o'clock  a.  m.,  nor  shall  any  school 
be  taught  less  than  five  hours  each  school  day.     The  time  of  open- 
ing and  closing  schools,  with  the  intermission  to  be  given,  must  be 
specified  in  contracts  made  with  teachers. 

71.  Board  may  close  school. — The  board  of  school  trustees  of 
any  school  district  in  which  a  public  school  has  been  closed  for 
sufficient  cause  before  the  expiration  of  period  for  which  it  was  re- 
quired by  contract  to  continue,  is  hereby  authorized,  with  the  writ- 
ten approval  of  the  division  superintendent,  to  pay  the  teacher  of 
every  such  school  as  much  of  his  salary  as  may  be  due  for  the 
time  the  school  was  taught. 

72.  Estimate  of  funds. — At  the  March  meeting  every  district 
school  board  shall   prepare   an   estimate   showing  the   amount  of 
money  which  will  be  needed  in  the  district  during  the  next  school 
year  for  providing  school-houses,  furniture,  apparatus,  text-books 
for  indigent  pupils,  and  all  other  lawful  means  and  appliances  need- 
ful for  the  successful  operation  of  the  schools.     Said  estimate  shall 
be  filed  with  the  division  superintendent,  to  be  by  him  laid  before 
the  county  school  board. 

73.  Disposition  of  school  funds.— The  proceeds   of  State   and 
Bounty  school  funds  must  be  used  exclusively  for  the  pay  of  teach- 
ers.    The  district  school  fund  arising  from  the  district  school  tax 
is  under  the  control  of  the  district  school  board,  and  shall  be  used 
lor  building  and  furnishing  school-houses  and  defraying  the  con- 
tingent expenses  of  the  schools  of  the  district.     The  district  fund 
should  not  be  used  for  any  other  purpose  until  the   district  has 


161 

been  provided  with  comfortable,  sightly,  and  well  furnished  school- 
houses. 

74.  School  holidays. — At   the   annual   meeting  of   the   county 
school  board  in  August,  district  boards  shall  declare  what  days 
shall  be  designated  as  holidays  for  the  next  school  year,  which 
days  shall  be  approved  by  the  county  school  board  and  must  be 
the  same  throughout  the  county.    The  division  superintendent,  upon 
the  opening  of  the  schools,  shall  notify  teachers  of  the  days  so 
fixed. 

75.  Report  of  school  work. — At  the  August  meeting  the  several 
boards  shall  prepare   a   detailed   report,   embracing  a  full  state- 
ment of  all  the  school  work  done  in  -the  respective  districts  for  the 
school  year  ending  the  thirtieth  of  June  preceding,  in  such  form 
as  may  be  prescribed  by  the  Superintendent  of  Public  Instruction. 
This  report  shall  be  delivered  to  the   division  superintendent  on 
or  before  the  date  fixed  for  the  annual  meeting  of  the  county  school 
board. 

76.  Enforcement  of  laws  and  regulations. — It  is  the  duty  of  all 
school  officials  to  acquaint  themselves  with  the  school  laws   and 
regulations,  and  to  see  that  they  are  carried  into  execution;  and 
they  are  urged  to  tolerate  nothing  that  might  tend  to  impair  the 
public  school  system  or  in  any  way  interfere  with  the  efficiency  of 
the  schools. 

SCHOOL-HOUSES 

77.  Plans   for  school-houses. — District   school   trustees   should 
exercise  the  greatest  care  in  the  selection  of  plans  and  sites  for 
school-houses,  and  shall  see  to  it  that  these  buildings  are  properly 
constructed  and  furnished  with  the  necessary  conveniences  and  ap- 
pliances in  accordance  with  the  provisions  of  section  fifty-eight  of 
the  school  laws.     No  school-house  shall  be  contracted  for  or  erected 
until  the  plans  and  specifications  for  the  same,  as  well  as  the  loca- 
tion, shall  have  been  examined  and  approved  in  writing  by  the  di- 
vision superintendent  of  schools,  who  likewise  shall  be  governed  by 
the  provisions  of  said  section  fifty-eight. 

78.  Care  of  school-houses,  and  so  forth. — It  is  the  duty  of  the 
district  trustees   to  visit  the  schools  in  their  respective   districts 
while  they  are  in  operation  and  to  see  that  they  are  in  proper  con- 
dition; to   aid  the  teachers  in  maintaining  discipline   and  in   all 
movements  intended  to  improve  the  schools  and  promote   educa- 


162 

tion ;  and  in  vacation  to  see  that  the  houses  are  securely  locked 
and  the  school  property  carefully  preserved. 

79.  Consolidation   of   schools. — The   statute   law   requires   the 
State  Board  of  Education  to  guard  by  regulation  against  such  a 
multiplicity  of  schools  as  will  cause  a  low  grade  of  instruction  in 
them,  or  otherwise  impair  their  efficiency.     District  school  boards 
are  therefore  urged,  and  it  is  their  duty,  to  co-operate  with  division 
superintendents  in  preventing  the  establishment   and  maintenance 
of  small  ungraded  rural  schools,  especially  where  such  schools  are 
not  ^absolutely  necessary.     Wherever  it  can  be  done,  several  small 
schools  should  be  combined  into  one  good  graded  school,  with  two 
or  more  teachers  and  a  longer  term. 

SCHOOLS 

80.  Classification   of  schools. — The  public  free   school   system 
of  Virginia  under  the  control  of  the  State  Board  of  Education  shall 
consist  of  common  schools  and  high  schools. 

81.  Common  school  branches. — In  all  the  common  schools,  in- 
cluding primary  and  grammar  grades,  the  following  subjects  shall 
be   taught:    orthography,   reading,    writing,   arithmetic,    grammar, 
geography,  history  of  the  United  States,  history  of  Virginia,  physi- 
ology and  hygiene,  drawing,  and  civil  government ;  and  local  school 
boards  may  provide  for  the  introduction  of  music,  nature  study, 
manual  training,  and  elementary  agriculture  into  the  schools.     In 
each  school  division  a  graded  course  of  study,  as  uniform  as  prac- 
ticable, and  embracing  all  the  required  common  school  branches, 
should  be  adopted  for  all  the  schools  in  that  division. 

82.  High  schools  and  higher  branches. — In  the  high  schools 
such  studies  shall  be  taught  as  are  prescribed  in  the  high  school 
course  of  study. 

83.  High,  schools  receiving  State  aid.— The  districts  in  which 
liigh  schools  receiving  State  aid  are  located  shall  offer  upon  fair 
and  equitable  terms  the  privileges  of  the  high  schools  to  all  dis- 
tricts of  their  respective  counties  which  shall  share  jointly  in  the 
support   of  the  respective  high  schools,  subject,   however,  -to  the 
general  supervision  and  confirmation  of  the  State  Board  of  Educa- 
tion. 

84.  Text-books,  etc. — The  text-books  used  in  the  public  schools 
of  Virginia,  and  all   maps,   charts,  and  other  appliances  used  in 
teaching  the  subjects  named  in  regulations  eighty  and  eighty-one, 


163 

shall  be  selected  from  the  list  prescribed  by  the  State  Board  of 
Education,  in  accordance  with  the  regulations  devised  by  said 
board. 

85.  Pupils  to  be  supplied  with  proper  books. — School  officers 
and  teachers  shall   require  all   children  who   apply  for  admission 
into  the  public  free  schools  to  be  provided  with  such  books  as  have 
been  prescribed  and  duly  selected   under  the   regulations   of  the 
State  Board  of  Education,  and  no  child  shall  be  allowed  to  remain 
in  school  unless  he  is  provided  with  such  books. 

86.  Text-book  list. — There  shall  be  kept  in  every  school-room  a 
copy  of  the  list  of  text-books  prescribed  for  use  in  that  division, 
with  a  copy  of  the  regulations  of  the  State  Board  of  Education 
concerning  the  same,  that  the  pupils  may  be  informed  of  the  prices 
of  such  books  fixed  by  the  said  board.     Division  superintendents 
shall  see  to  it  that  a  list  of  said  books  is  furnished  to  each  teacher 
before  the  schools  are  opened. 

87.  School   month. — The  school   month    shall   consist   of   four 
weeks  of  five  school  days  each,  and  deduction  shall  be  made  from 
the  pay  of  teachers  for  every  day  they  lose  except  such  days  as 
shall  have  been  declared  holidays  by  district  school  boards. 

88.  Legal    average    attendance. — An    enrollment    of    at    least 
twenty  pupils,  with  reasonable  assurance  of  an  average  daily  at- 
tendance of  that  number,  is  required  to  constitute  a  public  free 
school;  and  no  public  school  shall  be  established  or  continued  until 
this    condition   is    complied   with:'  but   boards    of   trustees,   when 
satisfied  that  there  is  not  a  sufficient  number  of  children  in  any 
school  neighborhood  to  entitle  them  to  a  school  under  this  section, 
and  that  the  geography  of  the  district  is  such  that  no  judicious  re~ 
arrangement  of  the  several  schools  can  be  so  made  as  to  furnish 
the  minorities  proper  school  facilities,  may  certify  a  statement  of 
the  case,  with  a  diagram  of  the  section  to  be  accommodated,  to  the 
division  superintendent,  who  shall  forthwith  visit  the  section  in 
question,  and  if  he  finds  that  the  statements  made  are  correct,  and 
that  the  neighboring  schools  are  judiciously  located  and   cannot 
be  so  arranged  as  to  furnish  the  minorities  fair  school  facilities,  he 
may  authorize  the  board  of  trustees  to  reduce  the  average  attend- 
ance of  such  school  to  fifteen.     In  cases  where  the   average   at- 
tendance is  reduced  by  reason  of  a  factious  spirit  on  the  part  of 
one  or  a  few  people,  or  in  consequence  of  the  proper  or  necessary 
exercise  of  discipline,  prevalence  of  contagious  diseases,  or  lack  of 
proper  supply  of  text-books,  the  district  board  may  continue  such 


162 

tion ;  and  in  vacation  to  see  that  the  houses  are  securely  locked 
and  the  school  property  carefully  preserved. 

79.  Consolidation   of   schools.— The   statute   law  requires   the 
State  Board  of  Education  to  guard  by  regulation  against  such  a 
multiplicity  of  schools  as  will  cause  a  low  grade  of  instruction  in 
them,  or  otherwise  impair  their  efficiency.     District  school  boards 
are  therefore  urged,  and  it  is  their  duty,  to  co-operate  with  division 
superintendents  in  preventing  the  establishment  and  maintenance 
of  small  ungraded  rural  schools,  especially  where  such  schools  are 
not  absolutely  necessary.     Wherever  it  can  be  done,  several  small 
schools  should  be  combined  into  one  good  graded  school,  with  two 
or  more  teachers  and  a  longer  term. 

SCHOOLS 

80.  Classification   of  schools. — The  public  free   school   system 
of  Virginia  under  the  control  of  the  State  Board  of  Education  shall 
consist  of  common  schools  and  high  schools. 

81.  Common  school  branches. — In  all  the  common  schools,  in- 
cluding primary  and  grammar  grades,  the  following  subjects  shall 
be   taught:    orthography,   reading,    writing,   arithmetic,    grammar, 
geography,  history  of  the  United  States,  history  of  Virginia,  physi- 
ology and  hygiene,  drawing,  and  civil  government ;  and  local  school 
boards  may  provide  for  the  introduction  of  music,  nature  study, 
manual  training,  and  elementary  agriculture  into  the  schools.     In 
each  school  division  a  graded  course  of  study,  as  uniform  as  prac- 
ticable,  and  embracing  all   the  required  common  school  branches, 
should  be  adopted  for  all  the  schools  in  that  division. 

82.  High  schools  and  higher  branches. — In  the  high  schools 
such  studies  shall  be  taught  as  are  prescribed  in  the  high  school 
course  of  study. 

83.  High,  schools  receiving  State  aid. — The  districts  in  which 
high  schools  receiving  State  aid  are  located  shall  offer  upon  fair 
and  equitable  terms  the  privileges  of  the  high  schools  to  all  dis- 
tricts of  their  respective  counties  which  shall  share  jointly  in  the 
support   of  the  respective  high  schools,  subject,   however,  -to  the 
general  supervision  and  confirmation  of  the  State  Board  of  Educa- 
tion. 

84.  Text-books,  etc. — The  text-books  used  in  the  public  schools 
of  Virginia,  and  all   maps,   charts,  and  other  appliances  used  in 
teaching  the  subjects  named  in  regulations  eighty  and  eighty-one, 


163 

shall  be  selected  from  the  list  prescribed  by  the  State  Board  of 
Education,  in  accordance  with  the  regulations  devised  by  said 
board. 

85.  Pupils  to  be  supplied  with  proper  books.— School  officers 
and  teachers  shall  require  all   childi^en  who   apply  for  admission 
into  the  public  free  schools  to  be  provided  with  such  books  as  have 
been  prescribed   and  duly  selected   under  the   regulations   of  the 
State  Board  of  Education,  and  no  child  shall  be  allowed  to  remain 
in  school  unless  he  is  provided  with  such  books. 

86.  Text-book  list. — There  shall  be  kept  in  every  school-room  a 
copy  of  the  list  of  text-books  prescribed  for  use  in  that  division, 
with  a  copy  of  the  regulations  of  the  State  Board  of  Education 
concerning  the  same,  that  the  pupils  may  be  informed  of  the  prices 
of  such  books  fixed  by  the  said  board.     Division  superintendents 
shall  see  to  it  that  a  list  of  said  books  is  furnished  to  each  teacher 
before  the  schools  are  opened. 

87.  School   month. — The   school  month   shall   consist   of   four 
weeks  of  five  school  days  each,  and  deduction  shall  be  made  from 
the  pay  of  teachers  for  every  day  they  lose  except  such  days  as 
shall  have  been  declared  holidays  by  district  school  boards. 

88.  Legal    average    attendance. — An    enrollment    of    at    least 
twenty  pupils,  with  reasonable  assurance  of  an  average  daily  at- 
tendance of  that  number,  is  required  to  constitute  a  public  free 
school;  and  no  public  school  shall  be  established  or  continued  until 
this    condition   is    complied   with :'  but   boards    of   trustees,   when 
satisfied  that  there  is  not  a  sufficient  number  of  children  in  any 
school  neighborhood  to  entitle  them  to  a  school  under  this  section, 
and  that  the  geography  of  the  district  is  such  that  no  judicious  re- 
arrangement of  the  several  schools  can  be  so  made  as  to  furnish 
the  minorities  proper  school  facilities,  may  certify  a  statement  of 
the  case,  with  a  diagram  of  the  section  to  be  accommodated,  to  the 
division  superintendent,  who  shall  forthwith  visit  the  section  in 
question,  and  if  he  finds  that  the  statements  made  are  correct,  and 
that  the  neighboring  schools  are  judiciously  located  and  cannot 
be  so  arranged  as  to  furnish  the  minorities  fair  school  facilities,  he 
may  authorize  the  board  of  trustees  to  reduce  the  average  attend- 
ance of  such  school  to  fifteen.     In  cases  where  the   average   at- 
tendance is  reduced  by  reason  of  a  factious  spirit  on  the  part  of 
one  or  a  few  people,  or  in  consequence  of  the  proper  or  necessary 
exercise  of  discipline,  prevalence  of  contagious  diseases,  or  lack  of 
proper  supply  of  text-books,  the  district  board  may  continue  such 


166 

-scribe,  to  inflict  reasonable  penalties,  and  for  a  sufficient  cause 
they  may  suspend  pupils  from  school  until,  the  case  is  decided  by 
the  district  school  trustees,  which  shall  be  with  as  little  delay  as 
possible:  provided,  that  in  all  such  cases  of  suspension  the  teacher 
.shall  promptly  report  the  facts  in  writing  to  the  district  school 
board  and  to  the  parent  or  guardian  of  the  pupil  suspended. 

97.  Sundry  duties  of  teachers. — It  is  the  duty  of  teachers  to 
improve  themselves  in  the  art  of  teaching  by  studying  approved 
books  on  the  subjects  they  are  to  teach,  by  attending  summer  nor- 
.mal  schools,  teachers'  meetings  and  reading  circles,  and  by  mak- 
ing themselves  thoroughly  acquainted  with  some  of  the  best  books 
on  pedagogy,  school  management,  and  the  history  of  education, 
and  also  by  reading  educational  periodicals  and  pursuing  such  a 
course  of  general  reading  as  will  best  tend  to  increase  their  knowl- 
edge and  usefulness  as  teachers. 

They  should  see  that  the  school-houses  are  kept  clean  and 
:made  comfortable  and  attractive,  and  should  encourage  the  pupils 
to  aid  in  this  work.  In  case  the  school-house  is  in  unsuitable  con- 
dition or  necessary  supplies  are  needed,  the  teacher  should  report 
^the  facts  at  once  to  the  clerk  of  the  district  school  board  or  to  the 
jiearest  trustee. 

They  should  visit  and  establish  cordial  relations  with  the  pa- 
'trons  of  the  schools  and  enlist  their  co-operation  in  every  effort  to 
.improve  school  conditions. 

They  should  exert  themselves  to  establish  school  libraries  and 
to  form  local  education  associations  and  school  improvement 
leagues. 

They  should,  in  conjunction  with  the  division  superintendent 
.-and  the  district  trustees,  make  arrangements  for  holding  suitable 
public  exercises  on  one  day  in  every  school  year,  to  which  all  the 
patrons  and  friends  of  the  school  shall  be  invited,  the  necessary 
expenses  for  such  exercises,  unless  otherwise  provided,  to  be  de- 
frayed out  of  the  district  school  fund  by  order  of  the  district 
school  board. 

Teachers  must  make  monthly  and  term  reports  to  the  division 
superintendent  and  such  special  reports  as  he  may  from  time  to 
time  require  of  them. 

They  must  not,  without  the  consent  of  the  district  school  board, 
engage  substitutes;  nor  shall  they,  without  such  consent,  close 
their  schools  on  regular  school  days  during  the  term  for  which 


167 

they  have  contracted  to  teach   unless  they  are  compelled  to  do  so 
by  unavoidable  circumstances. 

98.  Elections  for  public  free  school  purposes. — First.  All  elec- 
tions held  in  any  county    or  magisterial  district  or  school  district 
of  this  State  for  public  free  school  purposes  shall  be  superintended, 
conducted,  and  held  under  the  law  governing  special  elections  gen- 
erally as  set  forth  in  section  146  of  the  Code  of  Virginia — that  is 
to  say,  they  shall  "be  superintended  and  held,  notice  thereof  given, 
returns  made   and   certified,   votes    canvassed,   results   ascertained 
and  made  known,''  "certificates  of  election  given  by  the  same  of- 
ficers, under  the  same  penalties,  and  subject  to  the  same  regulations 
as  prescribed  for  general  elections,  except  so  far  as  m!ay  be  other- 
wise  provided" — in    all    particulars    in    conformity   with    the   re- 
quirements and  provisions  of  section  146  of  said  Code  in  regard 
to  all  special  elections :  provided,  however,  that  the  writ  of  election 
or  order  and  notice  of  any  election  ordered  by  the  board  of  super- 
visors of  any  county  to  be  held  for  any  public  free  school  purpose  in 
any  county  or  district  shall  be  posted  by  the  sheriff  of  the  county 
at  each  voting  place  in  the  county  or  district  in  which  such  elec- 
tion is  to  be  held  at  least  ten  days  before  such  election,  in  accord- 
ance with  the  provisions  of  sections  101  and  115  of  said  Code,  which 
are  hereby  declared  to  be  applicable  to  all  such  elections  so  far  as 
practicable. 

Second.  The  sense  of  the  voters  in  any  county  or  district  01* 
all  matters  which  may  be  properly  referred  to  said  voters  under 
the  provisions  of  the  school  law  shall  be  taken  and  ascertained 
in  the  manner  prescribed  in  the  preceding  regulation  whenever  any 
election  shall  be  ordered  for  any  school  purpose  in  any  county  or 
district  by  the  board  of  supervisors  of  the  county  or  other  au- 
thority empowered  by  law  to  order  any  such  election. 

99.  The  Superintendent  of  Public  Instruction  of  Virginia,  by 
and  with  the  advice  of  the  attorney-general  of  this  State,  is  author- 
ized to  take  such  steps  and  employ  such  attorneys  and  agents  for 
the  collection  of  fines  due  the  Commonwealth  for  the  benefit  of 
the  literary  fund  as  may  be  deemed  necessary,  the  said  attorneys 
and  agents  to  be  paid  for  their  services  out  of  actual  collections 
made  in  each  individual  case  such  compensation  as  may  be  agreed 
on  in  writing:  provided,  that  no  such  attorney  or  agent  shall  be 
employed  to  enforce  the  collection  of  any  fine  which  has  been  im- 
posed during  the  term  of  office  of  any  attorney  for  the  Common- 
wealth now  in  office  in  this  State.    When  such  collections  are  made, 


168 

the  net  amounts  thereof  shall  be  turned  into  the  treasury  of  the 
State  to  the  credit  of  the  literary  fund  as  provided  by  law,  and  the 
Superintendent  of  Public  Instruction,  by  and  with  the  advice  and 
co-operation  of  the  attorney-general  of  this  State,  is  authorized  to 
make  such  compromise,  settlement  and  adjustment  of  said  fines  as 
may  be  deemed  right  and  proper  and  for  the  best  interests  of  the 
school  funds  of  this  State. 

100.  Definition  of  a  university. — The  State  Board  of  Education 
will  register  as  a  university  an  institution  (a),  which  requires  for 
admission  the  completion  of  the  curriculum  of  a  standard  high  school 
with  a  four  years'  course,  or  in  other  terms,  the  completion  of  a 
course  equivalent  to  not  less  than  fourteen  five-hour  units;    (b), 
which  contains  as  a  part  of  its  organization  a  college  of  literature 
and  science   as  defined  below;  (c),  which  contains  one  or  more  pro- 
fessional schools   as  parts  of  its  organization,  in  each  of  which  an 
adequate  professional  course,  based  upon  a  preparation  not  less  than 
that  represented  by  the  completion  of  a  standard  four-year  high 
school  course,  is  offered;  (d),  which  contains  a  graduate  school  as 
a  part  of  its  organization,  in  which  adequate  courses  leading  to  the 
degrees  of  Master  of  Arts  and  Doctor  of  Philosophy  are  offered. 

101.  Definition  of  a  college. — An  institution  to  be  registered  as 
a  college  must  have  at  least  six  professors  giving  their  full  time  to 
college  or  university  work,  a  course  of  four  full  years  in  liberal  arts 
and  sciences,  and  must  require  for  admission  the  completion  of  the 
curriculum  of  a  standard  high  school  with  a  four  years'  course,  or 
in  other  terms,  the  completion  of  a  course  equivalent  to  at  least 
fourteen  five-hour  units    in  addition  to  the  usual  pre-academie  or 
grammar  school  studies. 

102.  Conditioned  students. — No  college  or  university  shall  ad- 
mit a  student  under  twenty  years  of  age  to  partial  standing,  as  a 
conditioned  or  irregular  student,  unless  the  student  offers  at  least 
ten  five-hour  units    as  defined   above;  and  a  student  so  admitted 
shall  absolve  the  units  on  which  he  is  conditioned  within  two  years 
of  the  date  of  his  registration  by  doing  work  which  is  not  counted 
towards  any  degree  for  which  he  may  become  a  candidate  by  the 
institution  in  which  he  is  registered. 

103.  Special  students. — A  student  at  least  twenty  years  of  age 
may  be  admitted  as  a  special  student  not  candidate  for  a  degree  to 
a  university  or  college  without  satisfying  in  full  the  usual  entrance 
requirements  (see  sections  100,  101  and  102),  provided  that  (1)  he 
is  not  admitted  to  classes  for  which  entrance  examinations  are  re- 


169 

quired  unless  lie  passes  such  examinations;  and  (2),  that  he  gives 
proof  of  adequate  preparation  £o*  the  course  sought. 

104.  University  certificate.— The  holder  of  a  degree  from  the 
graduate  school  of  a  registered  university  shall  be  granted  a  twelve- 
year  certificate  for  teaching  in  the  public  schools  of  the  State.     This 
certificate  may  be  renewed  from  time  to  time  for  a  similar  period 
upon  evidence  satisfactory  to  the  State  Board  that  the  holder  has- 
been  a  successful  teacher. 

105.  Collegiate  certificate. — The  holder  of  a  baccalaureate  de- 
gree from  a  registered  college  shall  be  granted  a  ten-year  certificate 
for  teaching  in  the  public  schools  of  the  State.     This  certificate  may 
be  renewed  from  time  to  time  for  a  similar  period  upon  evidence 
satisfactory  to  the  State  Board  that  the  holder  has  been  a  success- 
ful teacher. 

106.  Institutions  ranking  between  the  college  and  the  standard 
four-year  high  .school ;  academic  certificate. — Institutions  which  do 
not  comply  fully  with  the  definition  of  a  college,  but  which  offer  an 
approved  four-year  course  in  literature  and  science,  at  least  one 
year  in  advance  of  the  course  of  the  standard  four-year  high  schoolr 
shall  be  classified  and  registered  by  the  State  Board  of  Education- 
according  to  the  number  of  years  of  high  school  work  (or  the  num- 
ber of  five-hour  units)  required  for  admission.     Each  year  of  high 
school  work  (equivalent  to  four  five-hour  units)  required  for  ad- 
mission shall  add  two  years  to  the  life  of  the  teacher's  certificate' 
granted  to  the  full  graduate  of  one  of  these  institutions. 

These  certificates  shall  be  known  as  academic  certificates,  and* 
shall  be  good  for  9,  7,  5  or  3  years,  according  as  the  institution  from 
which  the  holder  graduated  requires  4,  3,  2  or  1  year  of  high  school 
work  (or  14,  12,  8  or  4  five-hour  units)  for  admission.  These  certi- 
ficates shall  not  be  renewable. 

The  regulation  regarding  special  students  shall  apply  to  these 
institutions  also. 

The  regulation  regarding  conditioned  students  shall  apply  to 
these  institutions  also,  with  the  modification  that  no  student  shall 
be  conditioned  on  more  than  one-third  of  the  five-hour  units  re- 
quired by  the  institution  for  admission. 

107.  Units. — The  five-hour  units  mentioned  above  shall  be  the 
units  defined  in  the  regulations  regarding  admission  to  the  State 
university. 

108.  Registration  and  inspection. — No  institution  shall  be  reg- 
istered as  a  university  or  a  college,  or  as  belonging  to  one  of  the 


170 

classes  of  regulation  106,  until  it  has  been  inspected  by  a  rep- 
resentative of  the  State  Board  of  Education  and  the  Board  has 
acted  favorably  upon  the  report  of  its  representative. 

As  far  as  practicable,  the  institutions  registered  by  the  State 
Board  of  Education  shall  be  inspected  annually  by  a  representative 
of  the  Board.  Any  institution  registered  by  the  Board,  which  has 
clearly  failed  to  comply  with  the  regulations  of  the  Board,  shall 
be  removed  from  the  list  of  registered  institutions.  The  list  of 
registered  institutions  shall  be  published  at  least  once  a  year — the 
universities,  the  colleges,  and  those  ranking  between  the  college 
and  the  standard  four-year  high  school  being  listed  separately. 

109.  Professional  elementary  certificate. — Two  professional  ele- 
mentary certificates  shall  be  issued  by  the  State  Board  of  Examiners : 
the  professional  elementary  certificate — primary  grades  and  the 
professional  elementary  certificate — grammar  grades.  These  certi- 
ficates shall  be  issued  for  a  term  *of  seven  years  and  shall  be  renew- 
able for  a  similar  period  from  time  to  time.  Courses  leading  to 
the  professional  elementary  certificate  will  be  offered  in  1911  only 
at  the  State  Normal  School  at  Farmville,  the  State  Normal  and  In- 
dustrial School  at  Harrisonburg,  and  at  the  University  of  Virginia 
summer  school,  and  in  1912  at  the  above  named  places  and  at  the 
State  Normal  School  at  Fredericksburg. 

Entrance  to  the  work  leading  to  the  professional  elementary 
certificate  shall  be  restricted  to  those  holding  first  grade  certificates 
or  to  those  holding  high  school  certificates  who  have  had  at  least 
six  months  actual  teaching  experience.  In  addition  to  the  comple- 
tion of  the  work  outlined  below  leading  to  the  professional  elemen- 
tary certificate,  a  first  grade  teacher  must  have  had  at  least  nine 
months  successful  experience  in  primary  or  grammar  school  teach- 
ing as  certified  to  by  his  superintendent  and  principal  before  this 
certificate  can  be  issued. 

Applicants  for  the  professional  elementary  certificate  must 
make  at  least  75  per  cent,  on  class  standing  and  examination  on 
each  subject  outlined  below.  The  work  must  be  completed  within 
five  years  if  taken  in  summer  terms  of  four  weeks,  and  in  four  years 
if  taken  in  summer  terms  of  six  weeks. 

The  course  for  the  professional  elementary  certificate — primary 
grades,  must  cover  the  following:  Principles  of  teaching,  with  spe- 
cial emphasis  on  how  to  study,  primary  methods  in  reading,  lan- 
guage, arithmetic,  physical  geography,  nature  study,  and  home  geo- 


171 

graphy ;  hygiene,  music  and  games,  primary  industrial  work,  draw- 
ing, and  observation  work  or  practice  teaching. 

The  course  leading  to  the  professional  elementary  certificate — 
grammar  grades,  must  cover  the  following :  The  principles  of  teach- 
ing, including  how  to  study,  the  methods  of  teaching  arithmetic, 
civics  and  history,  geography,  language,  reading  and  literature; 
hygiene,  drawing,  practice  teaching  or  advanced  observation;  and 
elementary  agriculture  and  school  gardening,  or  manual  training  or 
domestic  economy.  Songs  and  games  may  also  be  taken  at  the 
option  of  the  student,  but  without  credit. 

Applicants  for  the  professional  elementary  certificate  (primary 
grades  or  grammar  grades)  may  take  the  work  outlined  above  in 
a  term  of  at  least  one  year  in  one  of  the  State  normal  schools,  or  a 
term  of  two  sessions  of  six  weeks  each  or  three  sessions  of  four 
weeks  each  at  the  summer  session  of  a  State  normal  school,  or  any 
other  summer  normal  with  an  equivalent  course  in  primary  or  gram- 
mar school  methods  approved  by  the  State  Board  of  Examiners. 

110.  Old  professional  course. — The  regular  State  professional 
course,  Form  X — No.  27.  as  adopted  in  1905,  shall  be  gradually  abol- 
ished, as  follows :  The  examinations  on  the  work  for  the  second  and 
third  years  of  this  course  shall  be  given  in  1911,  and  the  examina- 
tions for  the  work  for  the  third  year  only  in  1912,  after  which  time 
no  further  examinations  on  this  professional  coure  shall  be  given. 

No  person  holding  a  high  school  certificate  shall  be  allowed  to 
begin  the  professional  course  until  such  person  has  had  at  least  six 
months  of  actual  experience  as  a  teacher. 

111.  Special  certificate. — Any  teacher  who  attends  the  Univer- 
sity summer  school  for  two  sessions  of  six  weeks  each  and  com- 
pletes satisfactorily  at  least  one  course  in  educational  psychology 
and  in  addition  three  courses  in  any  one  subject  in  the  university 
department,  shall  be  given  a  special  certificate  to  teach  the  subject 
in  which  she  has  specialized  by  taking  three  courses. 

112.  Summer  school  professional  certificate. — The  requirements 
for  entrance  to  the  work  leading  to  the  summer  school  professional 
certificate  shall  be  restricted   to  those   holding  first  grade   certi- 
ficates  or  to  those  holding  high  school  certificates  who  have  had  at 
least  six  months  of  actual  teaching  experience.   To  procure  this  cer- 
tificate an  applicant  shall  be  required  to  study  at  the  University  of 
Virginia  summer  school  or  one  of  the  same  rank  for  at  least  two  ses- 
sions of  six  weeks  each  and  shall  make  an  average  of  75  per  cent,  on 
class  work  and  examinations  in  six  courses  other  than  the  elemen- 


172 

tary  school  subjects.  This  certificate  shall  continue  in  force  for 
seven  years  and  shall  be  subject  to  renewal  for  a  similar  period 
from  time  to  time  upon  the  compliance  by  the  holder  with  the  re- 
quirements made  in  this  regard. 

The  six  courses  required  shall  include  at  least  four  different 
subjects.  One  of  the  six  courses  shall  be  taken  in  the  subject  of 
English  and  another  shall  be  taken  in  education.  The  other  four 
courses  shall  be  chosen  from  any  of  the  following  groups :  Subjects 
in  industrial  education,  science,  mathematics,  history,  education  and 
philosophy,  language;  provided,  that  not  more  than  two  courses 
shall  be  chosen  from  any  one  group. 

113.  Number  of  class  periods  limited. — The  conductors  of  the 
summer  schools  shall  not  allow  any  applicant  for  a  certificate  to 
take  more  than  six  class  periods  of  work  per  day  during  the  sum- 
mer school. 

114.  Instruction  restricted  to  subject  matter. — The  conductors 
of  the  State  summer  schools  shall  confine  the  work  in  their  respec- 
tive schools  to  instruction  in  subject  matter  in  the  subjects  required 
for  a  first  grade  certificate. 

115.  Full  normal  professional  certificate. — A  student  complet- 
ing the  course  leading  to  a  full  diploma  in  the  normal  schools  at 
Farmville,  Harrisonburg,  Radford  and  Fredericksburg  will  be  given 
a  full  normal  professional  certifiate  good  for  ten   (10)   years,  re- 
newable for  a  similar  period  from  time  to  time. 

116.  Summer  school  certificate;  first  grade  for  colored  teach- 
ers.— A  summer  school  certificate — first  grade — good  for  five  years 
and  renewable  for  a  similar  period  from  time  to  time,  will  be  given 
to  colored  teachers  who  complete  satisfactorily  the  following  pre- 
scribed course  of  study  at  the  Hampton  Normal  and  Agricultural 
Institute  or  at  the  Virginia  Normal  and  Industrial  Institute,  Peters- 
burg. 

The  work  for  this  certificate  must  be  completed  within  a  period 
of  five  years,  and  the  second  grade  certificates  of  those  who  take 
this  work  will  be  renewed  for  one  year  from  time  to  time  if  the 
holders  complete  satisfactorily  at  least  one-fourth  of  the  prescribed 
work. 

Entrance  to  the  work  leading  to  the  summer  school  certificate, 
first  grade,  shall  be  restricted  to  those  colored  teachers  who  hold 
second  or  higher  grade  certificates.  The  work  required  shall  cover 
at  least  three  terms  of  four  weeks  each  or  two  terms  of  six  weeks 
each  in  the  institutions  above  named,  and  must  occupy  a  minimum 


173 

of  240  recitation  periods  of  at  least  forty  minutes.  To  obtain  this 
certificate  a  teacher  must  have  had  at  least  nine  months  successful 
experience  in  teaching. 

The  course  leading  to  the  summer  school  certificate,  first  grade, 
must  cover  the  following : 

Arithmetic — Primary  and  grammar  grades. 

English  Composition — Including  spelling,  penmanship,  punc- 
tuation, grammar. 

Geography — Elementary  and  grammar  grades. 

Reading — A  method  of  teaching  beginners. 

Hygiene — Private   and  public. 

Civics — With  special  reference  to  community  life. 

History — American. 

Agriculture. 

Principles  of  teaching. 

In  addition  to  these,  any  three  of  the  following: 

Sewing, 

Cooking, 

Bench  work, 

Poultry  raising, 

Household  handicrafts,  including  glazing,  mending  tinware, 
whitewashing,  chair  caning  and  cobbling. 

117.  Medical  inspectors  of  schools. — The  school  boards  of  the 
cities  and  counties  may,  in  their  discretion,  select  and  appoint  medi- 
cal inspectors  of  school  children,  whose  duties  and  compensation 
shall  be  prescribed  by  the  respective  boards,  and  who  shall  report 
to  and  be  under  the  control  of  said  boards. 

118.  First  grade  certificate  in  elementary  course  State  Nor- 
mal School. — A  student  completing  the  elementary  course  at  the 
State  Normal  School  for  Women  will  be  given  a  first  grade  cer- 
tificate, good  for  three  years,  not  renewable.    If,  however,  the  third 
year  of  this  course  is  omitted,  the  certificate  is  good  for  one  year 
only.     (See  regulation  17,  subsection  e,  page  148) 

119.  First  grade  certificate ;  how  renewed. — The  holder  of  a  full 
first  grade  certificate  issued  by  the  State  Board  of  Examiners  will  not 
be  required,  when  such  certificate  has  expired,  to  pass  an  examina- 
tion on  the  subject  matter  required  for  this  certificate,  but  may 
kave  it  renewed  for  a  period  of  five  years,  from  time  to  time,  by  giv- 
ing evidence  of  successful  experience  during  the  life  of  the  certifi- 
cate, and  by  completing  satisfactorily  a  certain  amount  of  profes- 
sional work  which  will  be  determined  bv  the  board  of  examiners. 


174 

120,. How  contract  with  teachers  executed. — In  all  cases  teach- 
ers must  be  elected  and  the  terms  of  the  contract  prescribed  at  a 
meeting1  of  the  board,  and  such  contract  shall  be  executed  on  behalf 
of  the  board  by  the  clerk  unless  the  board  shall  designate  some 
other  member  thereof  to  execute  the  same.  (See  regulation  65, 
page  158,  and  errata  page  2) 


APPENDIX 


1.  State  accountant. — Paragraphs  three,  eight  and  nine  of  chap- 
ter 156  of  Acts  of  1910  give  the  duties  of  the  State  Accountant  as 
follows : 

3.  It  shall  be  the  duty  of  the  State  Accountant,  under  the  direc- 
tion of  the  joint  auditing  committee,  to  devise  a  modern,  effective 
and  uniform  system  of  bookkeeping  and  accounting,  comprehending: 

(a)  An  efficient  system  of  checks  and  balances  between  the  offi- 
cers at  the  seat  of  government  and  entrusted  with  the  collection 
and  receipt,  custody  and  disbursement  of  the  revenues  of  the  State. 

(b)  A   system   of  accounting   applicable   to  the   offices   of   the 
Auditor  of  Public  Accounts,  of  the  State  Treasurer,  of  the  Secretary 
of   the    Commonwealth,   the    Corporation   Commission,    the   Second 
Auditor,  the  -Commissioner  of  Agriculture,  the   Superintendent  of 
Public  Instruction,  the  State  Highway  Commission,  Bureau  of  In- 
surance, the  Kegister  of  the  Land  Office,  the  State  Library  and  all 
other  State  offices  now  being  or  hereafter  established  at  the  seat  of 
government,  the  Board  ©f  Fisheries  and  the  Board  of  Sinking  Fund 
Commissioners,  which  said  system  of  accounting  shall  be  suitable 
to  the  needs  of  these  several  offices  and  boards,  considering  their 
relation  to  each  other  and  their  relation  to  subordinate  offices  and 
officials. 

8.  Said  State  Accountant,  or  his  deputy,  shall,  from  time  to 
time,  inspect  and  scrutinize  the  accounts  and  vouchers  of  all  State 
officers  set  forth  in  sections  three  and  four  of  this  act. 

9.  Such  inspection  shall  be  made  without  notice  to  the  officials 
whose  accounts  are  to  be  inspected,  and  it  shall  be  the  duty  of  the 
official  whose  books  and  accounts  and  vouchers  are  being  inspected 
to  produce  such  books,  vouchers  and  accounts  and  give  the  State 
Accountant,  or  his  deputy,  all  necessary  help  and  aid  in  making  such 
inspection.     Should  any  official  fail  to  perform  the  requirements  of 
this  section  he  shall   be   guilty  of  a   misdemeanor.     Acts  of  1910, 
chapter  156,  page  243) 

2,  State  Normal  and  Industrial  Schools  for  Women  at  Harrison- 
burg  and  Fredericksburg. — Each  county  and  city  in  the  State  shall 
be  entitled  to  one  pupil  in  each  of  said  schools,  who  shall  be  nomi- 


176 

nated  by  the  division  superintendent  of  schools,  and  if  any  vacancy 
occur  shall  be  filled  by  a  like  nomination,  and  each  county  and 
city  in  the  State  shall  be  entitled  to  one  additional  pupil  in  each 
school  for  each  additional  representative  in  the  House  of  Delegates 
above  one,  to  be  nominated  in  a  similar  manner:  provided,  that  the 
boards  of  trustees  may  increase  the  number  of  pupils,  if  they  deem 
it  expedient,  said  pupils  to  be  selected  as  above.  The  said  pupils 
so  appointed  shall  be  exempt  from  the  charge  of  tuition.  The 
boards  of  trustees  shall  prescribe  rules  for  the  selection  of  said 
pupils,  their  examination,  and  shall  require  of  each  pupil  selected 
satisfactory  evidence  of  an  intention  to  teach  in  the  public  schools 
of  this  State  for  at  least  four  years  after  leaving  the  said  normal 
schools.  (Acts  of  1908,  chapter  284,  page  428) 

3.  State  Normal  and  Industrial  School  for  Women  at  Radford.— 
Each  county  and  city  in  the  State  shall  be  entitled  to  one  pupil  in 
the  said  school,  who  shall  be  nominated  by  the  division  superin- 
tendent of  schools,  and  if  any  vacancy  occur  shall  be  filled  by  a 
like  nomination,  and  each  county  and  city  in  the  State  shall  be  en- 
titled to  one  additional  pupil  for  each  additional  representative 
in  the  House  of  Delegates  above  one,  to  be  nominated  in  a  similar 
manner :  provided,  that  the  board  of  trustees  may  increase  the  num- 
ber of  pupils  if  they  deem  it  expedient,  said  pupils  to  be  selected 
as  above.  The  said  pupils  so  appointed  shall  be  exempt  from  the 
charge  of  tuition.  The  board  of  trustees  shall  prescribe  rules  for 
the  selection  of  said  pupils,  their  examination,  and  shall  require  of 
each  pupil  selected  satisfactory  evidence  of  an  intention  to  teach  in 
the  public  schools  of  this  State  for  at  least  four  years  after  leaving 
said  normal  school.  (Acts  of  1910,  chapter  120,  page  176) 


INDEX 


ADULTS 

Admission  of,  into  schools. — See  Pupils. 

AGRICULTURE 

Agricultural  high  schools  to  be  used  as  centers  of  demonstration 

farm  work,  section  89,  sub-section  5 76 

Departments  of,  in  certain  high  schools,  section  89 75 

Elementary,  may  be  taught  in  common  schools,  section  81 162 

Functions    and    composition    of   United    Agricultural    Board,    sec- 
tion 168   129 

Supervisors  may  appropriate  money  to  promote,  section  90 77 

Section  169  133 

ALCOHOL  AND  NARCOTICS 

Effect  to  be  taught,  section  83 71 

ANNUAL  REPORTS 

See  the  various  boards  and  officers. 

APPEALS 

By  five   interested  heads  of  families  to  division   superintendent, 

section  27    29 

Regulation   55    156 

By  five   interested   heads   of   families   to   school  trustee   electoral 

board,  section  27    29 

By  non-resident   tax-payer  to  county  school   board   in   matter   of 

tuition,  section   92    78 

By  supervisors  or  five  citizens  in  matter  of  approval  of  title  to 

real  estate  for  school  purposes  by  court  or  judge,  section  54. .  41 

By  teacher  or  school  officer,  regulation  55 156 

Evidence  in  writing  for,  etc.,  regulation  55 156 

From  division  superintendent  to  Superintendent  of  Public  Instruc- 
tion, regulation   1,  sub-section   6    141 

Regulation   55    156 

From    Superintendent   of   Public    Instruction    to    State    Board    of 

Education,  section  7,  sub-section  9 20 

Regulation  1,   sub-section   6    141 

Regulation   55    156 

In  local  matters  generally  to  division  superintendent,  regulation  55  156 
In  matter  of  election  of  teacher,  section  46,  sub-section  2,  regula- 
tion 65    158 

School  trustee  electoral  board,  permanent  board  of,  section  23 27 

To  Board  of  Examiners  if  certificate  revoked,  regulation  32 152 


178 

APPLICANTS  FOR  LICENSE  TO  TEACH 
See  Certificates  and  Examinations. 

APPORTIONMENT  OF  SCHOOL  FUNDS 
See  School  Funds. 

APPLIANCES 

Selected  by  State  Board  of  Education,  section  8,  sub-section  4....  10 

Section  7,  sub-section  6 19 

Regulation   84    162 

APPROPRIATIONS 
By  City  Council: 

In  lieu  of  school  tax,  section  178 136 

By  General  Assembly: 
For  buildings,  equipment  and  demonstration  work  in  agricultural, 

etc.,  high  schools,  section  89,  sub-section  7 77 

For  departments  of  agriculture,  etc.,  in  high  schools,  sectiom  89, 

sub-sections  6  and  7 76 

Section  141   114 

For  high  schools,  section  87,  sub-section  4 74 

Section  141 114 

For  Laurel  reformatory  school,  section  166,  sub-section  3 12S 

For  libraries,  section  141    • 114 

For  normal  instruction  in  high  schools,  section  88,  sub-section  1 .  .  74 

Section  141 114 

For  loans  to  students  at  higher  institutions  of  learning,  section  142  117 

For  negro  reformatory  school,  section  167 129 

For   salary   and   expenses    Superintendent    of    Public    Instruction, 

section  141    114 

For  State  school  funds,  section  126,  sub-section  1 96 

Section  141 114 

For  summer  normal  schools,  section  81,  sub-section  2 70 

Section  141   114 

For  teachers'   pensions,   section   79,   sub-section   3 66 

Section  141   114 

For  testing  sight  and  hearing  of  pupils,  section  99 

For  traveling  school   libraries,   section   143 118 

For  work  of  United  Agricultural  Board,  section  168,  sub-section  4  131 
By  Supervisors: 
For  agricultural  demonstration  and  experiment  work,  section  168, 

sub-section  7  132 

For  agricultural  high  schools,  section  90 

To  promote  agriculture,  section  169 133 

District   boards   may   make,   to   non-sectarian   schools   of   manual, 

industrial  and  technical  training,  section  47,  sub-section  15..  39 

Generally,   section   141    114 

Not  made  to  private  schools,  exception,  section  17 11 

ARBOR  DAY 

To  be  designated  annually  by  Governor,  section  133 102 


179 

ATTORNEY-GENERAL 

Duties  of,  in  collecting  and  compromising  fines,  regulation  99 167 

Examine  bonds  of  Superintendent  of  Public  Instruction  and  his 

clerks,  section  11 23 

Member  State  Board  of  Education,  section  6 9 

Section  3   15 

AUDITOR,  SECOND 
See  Second  Auditor. 

AUDITOR  OF  PUBLIC  ACCOUNTS 

Approximate  statement  of  State  school  funds  by,  on  November  1st, 

section  122 95 

Authorized  to  grant  relief  to  treasurers  if  State  school  warrant 

lost,  section  114 90 

Distributive  statement  to,  of  apportionment  of  State  school  funds, 

section  122  95 

Must  have  land  and  property  books  ruled  for  ail  local  school 

taxes,  section  130  100 

Section  140 114 

Moist  keep  school  taxes  separate  and  distinct  from  all  others, 

section  140  114 

Must  publish  statement  of  all  receipts  and  disbursements  by 

county  and  city  treasurers,  section  118 91 

Must  report  residue  of  State  funds,  if  more  than  approximate 

statement  of  November  1st,  section  125 96 

To  issue  warrants  for  State  school  funds  to  each  county  or  city 

treasurer,  section  122 95 

To  pay  over  amounts  going  to  literary  fund  in  money,  section  121  94 
To  turn  over  high  school  fund  to  Second  Auditor  on  itemized 

statement  of  Board  of  Education,  section  87,  sub-section  4....         74 

AVERAGE  ATTENDANCE 

Legal,  minimum  of  20,  regulation  88 163 

Of  pupils  does  not  effect  pay  of  teacher,  when,  section  75 65 

Effect  of  prevalence  of  contagious  diseases,   factional  spirit,  etc., 

regulation  88    163 

Relief  of  teacher  from  loss  of  pay  on  account  of,  when,  section  76  66 
Minimum  may  be  fixed  at  15  by  division  superintendent,  when, 

regulation  88    163 

Minimum  may  be  fixed  at  10  by  Superintendent  of  Public  Instruc- 
tion, when,  regulation  88  163 

BOARD  OF  EDUCATION 

See  State  Board  of  Education. 

BOARD  OF  SUPERVISORS 

Estimates  of  county  school  board  to  be  submitted  to,  section  37, 

sub-section   2    31 

Section  126,  sub-section  3    9« 


180 

Levy  county  and  district  taxes,  section  3 7 

Section  126,  sub-section  3 96 

Section  128,  sub-section  2 100 

Levy  sub-district  school  tax,  section  65,  sub-section  17 57 

May  appeal  from  decision  of  court  or  judge  in  matter  of  title  to 

public  school  property,  section  54 41 

May  appropriate  money  to  assist  in  establishing  agricultural 

schools,  section  90 77 

May  appropriate  money  to  promote  agriculture,  section  169 133 

May  compel  school  children  to  be  vaccinated,  section  98 £2 

May  devote  part  of  dog  tax  to  schools,  section  126,  sub-section  3. .  96 

Section  132,  sub-section  3  , 102 

May  supplement  salary  of  division  superintendent,  section  16 26 

Must  confirm  statement  of  school  board  before  vote  on  bond  issue, 

section  64,  sub-section  1  49 

Must  levy  additional  tax  for  principal  and  interest  of  bonds, 

section  129  100 

Powers  and  duties  of,  in  cities  of  second  class,  section  173 134 

Shall  submit  question  of  increasing  local  taxes  to  people,  when, 

section  126,  sub-section  3 96 

To  provide  for  free  vaccination  of  poor  children,  section  97 82 

BOARDS  OF  VISITORS 

How  appointed,  section  18 12 

Superintendent  of  Public  Instruction,  member  of,   section  13....         24 

BONDS 

Bonded  indebtedness  of  towns  and  cities  limited,  section  4 7 

Elections  for  bond  issue,  how  canvassed,  certified  and  recorded, 

section  64,  sub-section  7 51 

Election  for  bond   issue,  how  ordered,   conducted,   and   paid   for, 

section  64,  sub-sections   5  and  6 50 

For  building  and  furnishing  school-houses,  section  64 49' 

For  loans  from  literary  fund  to  build  school-houses,  section  63, 

sub-section   4    47 

General  law  does  not  repeal  or  amend   special  acts,  section   64, 

sub-section   10    52 

How  interest  paid  and  sinking  fund,  section  64,  sub-sevtion  9 52 

Issue  of,  by  towns  to  build  school-houses,  section  162 126 

Lien  on  houses  erected  or  procured  to  secure  payment  of,  section 

64,    sub-section    2    50 

Must  be  authorized  by  a  majority  of  the  qualified  voters  voting, 

section  64,  sub-section  1  49 

Section  64,  sub-section  4   50 

Of  officers  of  sub-district,  section  65,  sub-section  8 55 

Of  Superintendent  of  Public  Instruction  and  his  clerks,  section  10        23 
Possible  lien  on  all  school  property  of  district,  section  64,  sub- 
section 2    50 

Proceeds  of  bond  issue  not  to  be  used  for  other  purpose  than 
erecting  and  furnishing  school  buildings,  section  64,  sub-sec- 
tion 3  .  50 


181 

Special  tax  to  pay  principal  and  interest,  section  129. .. 100 

State  officers,  and  deputies,  etc.,  to  give,  section  2 7 

Section  10  23 

Submitted  to  Attorney-General  in  case  of  Superintendent  Public 

Instruction,  etc.,  section  11   24 

Where   filed   in'  case   of   Superintendent   Public   Instruction,   etc., 

section  12    24 

Who  may  vote   in  elections   for  bond   issue,   section   64,   sub-sec- 
tion 8   52 

CAPITATION  TAX 

See  School  Funds. 

CENSUS  OP  DEAF  AND  BLIND 

Section    42 35 

CENSUS  OF  SCHOOL  POPULATION 

District  school  board  to  see  to  taking  of,  section  47,  sub-section  5  37 

Section  183,  sub-section  7 138 

Forms  to  be  furnished  by  Superintendent  of  Public  Instruction, 

section  41    35 

Open  to  inspection  of  any  citizen,  section  41 35 

Pay  of  clerk  for  taking,  section  41 35 

To  be  delivered  to  division  superintendent  of  schools,  section  41 ..  35 

To  be  submitted  to  district  and  county  boards,  section  41 35 

To  be  taken  by  clerks  and  when,  section  41 35 

Section  183,  sub-section  7   138 

When  boundaries  of  school  districts  are  changed,  section  43 35 

CERTIFICATES 

Academic,  not  renewable,  regulation  106 169 

Academic  requirements  for  and  life  of,  regulation  106 169 

Accrediting  and  registering  universities  and  colleges  for,  regula- 
tion   108    169 

Appeal  to  examiners  if  certificate  revoked,  regulation  32 152 

By  whom  approved,  section  74 65 

Collegiate,  life  of  and  how  renewed,  regulation  105 169 

Collegiate,  requirements  for,  regulation  105 169 

Conditioned  students  in  a  registered  college  or  university,  regula- 
tion 101    168 

Definition  of  a  college,  section  101    168 

Definition  of  a  university,  regulation  100   168 

Division  of  examination  for  first  and  second  grade,  regulation  27  151 

Division   superintendent  may   refuse  to  endorse,  regulation  31..  152 

Duplicates,  when  not  granted,  regulation  33 152 

Effect   of   attendance    upon   State   summer   institute   in    enabling 

teachers  to  divide  examinations,  regulation  27 151 

Effect    of    attendance    upon    summer    school    in    extending    high 

school  certificate,  regulation  21,  Bub-section  b 149 

Regulation    23,   sub-section    c 150 


182 

Experience  required  to  begin  professional  course,  regulation  109. .  170 

Regulation    110    .• 171 

Examiners  have  full  authority  in   issuing,  extending  and  renew- 
ing, regulation   37 152 

Examiners  to  issue,  regulation  10   145 

Extension   of  first   grade,   which   expired    in    1907,    regulation    17, 

sub-section    c    147 

First  grade,  how  renewed  without  examination  on  subject  matter, 

regulation   119    173 

First  grade,  life  of  and  how  renewed,  regulation  17,  sub-section  a  147 
First  grade,  new  for  old,  by  taking  added  subjects,  regulation  17, 

sub-section   d    148 

First  grade,  requirements  for,  etc.,  regulation  17,  sub-section  a 147 

First  grade,  teachers  holding  may  earn  professional,  regulation  21  149 
First   grade,    temporary   second   grade    in    liou    of,    regulation    17, 

sub-section   b 147 

First   grade,   to  graduates   of   certificate   course   of    State   normal 

schools,    regulation    17,    sub-section    e 148 

Regulation    118    173 

First  grade,  without  examination,  requirements  for,   etc.,  regula- 
tion 17,  sub-section  c 147 

Fourth  grade,  to  negro  teachers,  regulation  20 149 

From  other  States,  regulation  28 151 

Full   normal   professional,   regulation    115 172 

High  school,  how  extended,  regulation  23,  sub-section  c 150 

High  school,  requirements   for,  regulation  23 149 

High  school,  to  graduates  of  schools,  regulation  26,  sub-section  b  149 

How   issued,   section    74 65 

Institutions    between    a    college    and    a    high    school    granted    an 

academic   certificate,   regulation    106 160 

Issued  directly  to  teachers,  regulation  14 146 

May  be  revoked  by  division  superintendent,  regulation  32 152 

Must  be  endorsed  by  division  superintendent,  regulation  30 152 

Normal  training,   entitles  holder  to  teach  only   in  one  and   two- 
room  schools,  regulation  25    150 

Normal  training,  issued  to  graduates  in  normal  training  depart- 
ments   of    high    schools,    regulation    25 150 

Old  professional,  to  be  abolished,  regulation  110 171 

Professional    elementary,    requirements    for,    life   of   and   how   re- 
newed,  regulation   109    170 

Professional,  elementary,  two  kinds,  regulation  109 170 

Professional    requirements   for  life   of  and   how   renewed,   regula- 
tion 21    149 

Professional,   on   various   certificates   and    courses,    regulation    21, 

sub-sections  a,  b,  and  c 149 

Provisional,  requirements  for,  regulation  27 151 

Registration  of,   and   inspection   of   universities  and   colleges   for, 

regulation   108    169 

Requirements  for  teachers  of  higher  branches,  regulation  24....  150 


183 

Second  grade,  life  of  and  how  renewed,  regulation  18 148 

Second  grade,  requirements  for,  regulation  18 148 

Second  grade,  temporarily  in  lieu  of  first  grade,  regulation  17, 

sub-section  h 147 

Special  certificate  to  teacher  who  attends  University  summer 

school,  regulation  111 171 

Special  examinations  for,  when,  regulation  29 152 

Special  students  in  a  registered  college  or  university,  regula- 
tion 103 169 

Special,  to  teachers  of  manual  training,  music,  etc.,  regulation  26  150 

Status  of  existing,  regulation  34  152 

State  branches  and  how  graded,  regulation  16 147 

Summer  school  first  grade,  for  colored  teachers,  regulation  116..  172 
Summer  school  professional  certificate,  requirements  for,  life  of, 

and  how  renewed,  regulation  112 171 

Teachers  must  hold,  section  74 65 

Section  183,  sub-section  3 137 

Third  grade,  holder  of  must  make  higiher  certificate  on  next 

examination,  regulation  19 148 

Third  grade,  holder  of  not  to  be  elected  if  holder  of  first  or 

second  grade  available,  regulation  19 148 

Third  grade,  holder  of  may  take  one-half  of  examination,  when, 

regulation  19,  sub-section  b ,  151 

Third  grade,  not  renewed,  regulation  19 148 

Third  grade,  requirements  for,  regulation  19 148 

Units,  how  defined,  regulation  107 169 

University  certificate,  requirements  for,  life  of,  and  how  renewed, 

regulation  104    169 

CIRCUIT  COURT  OR  JUDGE 

Appoint  one  member  of  school  trustee  electoral  board,  section  20        26 
Court  to  order  special  elections  for  bond  issues,  section  64,  sub- 
section  5    50 

Duties  of,  under  compulsory  education  law,  section  95 79 

May  make  order  for  sale  or  exchange  of  school  property,  section  38  33 
Must  approve  title  to  real  estate  acquired  by  school  boards; 

appeal,  etc.,   section   54    41 

Must  instruct  grand  jury  against  discounting  school  warrants  by 

county,  district  or  school  officers,  etc.,  section  66,  sub-section  3        62 
Must  instruct  grand  jury  to  inquire  if  county  superintendent  has 
furnished  bounds  of  school  district  to  railways,  etc.,  section 

139,   sub-section   h    Ill 

Section   139,  sub-section  1    113 

Must  instruct  grand  jury  to  inquire  if  school  boards  have  made 

and  posted  their  annual  statements,  section  127 98 

Power  to  remove  county,  city  and  district  officers,  section  70....  63 
Treasurer  must  exhibit  cash  for  school  funds  before,  section  113. .  90 

CIRCUITS  OF  STATE  BOARD  OF  EXAMINERS 

Counties  included  in  each,  regulation  2 143 


184 

CITIES 

Bonded  indebtedness  of,  limited,  section  4 7 

Council  of,  to  provide  for  free  vaccination  of  poor  children,  sec- 
tion 98   82 

Each  ward  a  school  district,  section  172 134 

Efficient  school  system  to  be  maintained  in,  section  170 133 

Section  183   136 

How  classified,  section  171 133 

How  division  superintendent  of,  paid,  sections  16  and  17 26 

Section  181    136 

How  State  school  fund  apportioned  to,  section  180 136 

Non-resident  pupils,  how  admitted,  section  92,  sub-section  1 78 

Number  and  boundaries  of  districts  to  be  reported  to   Superin- 
tendent of  Public  Instruction  and  recorded  in  his  office  and 

in  office  of  clerk  of  court,  section  172 134 

Of  second  class,  as  school  districts,  section  173 134 

Subject   to   school   law   for   counties,    unless    otherwise    provided, 

section  170    133 

Section  183,  sub-section  15 139 

Title  to  school  property  may  vest  in,  section  174 135 

CITY  COUNCIL 

Appoints   trustees,    section   177 135 

City  school  board  to  submit  estimates  to,  section  178 136 

Levy  school  tax  or  make  an  appropriation,  section  178 136 

May  compel  school  children  to  be  vaccinated,  section  98 82 

May  supplement  salary  of  division  superintendent,   section   16..  26 

Member  of,  may  not  be  division  superintendent,  section  176 135 

No  member  or  officer  of,  may  be  school  trustee,  section  183 136 

CITY  SCHOOL  BOARD 

A  corporation ;   title,  section  174 135 

Call  meetings  of  the  people  of  the  city,  section  183,  sub-section  9  138 

Clerk,  how  appointed  and  duties,  section  175 135 

Section   183,   sub-section   15    139 

Care  for,  manage  and   control  school  property,  section  183,  sub- 
section 10    138 

Decide  what  children  are  indigent,  section  183,  sub-section  5 137 

Determine  studies,  methods,  government  of  schools,  section   183, 

sub-section    2     137 

Duties  in  regard  to  libraries,  section  144 ^ 119 

Employ  and  dismiss  teachers,  section  183,  sub-section  3 137 

Establish  high  and  normal  schools,  etc.,  section  183,  sub-section  6  137 
Examine,  approve  and  pay  claims,  section  183,  sub-section  13....  138 
Explain,   enforce   and   observe   school   laws,    section    183,    sub-sec- 
tion   1    136 

Glebe  land,  etc.,  may  vest  in  and  be  managed  by,  section  118. ...  93 

Section    119    94 

Has  power  to  prescribe  number  and  boundaries  of  districts,  sec- 
tion   172                        134 


185 

Its  territorial  jurisdiction,  section   175 135 

Make  rules  for  government  of  schools  and  conduct  of  children 
going  to  and  returning  from  school,  section  183,  sub-sec- 
tion 1 136 

Manage  and  control  school  funds,  section  183,  sub-section  12....       138 

May  appoint  medical  inspectors  of  schools,  regulation  117 173 

May  condemn  land,  section  183,  sub-section  15 139 

May  fix  tuition  of  adults,  regulation  91    164 

May  lease,  purchase  or  build  houses,  section  183,  sub-section  10  . .       138 

May  make  by-laws  and  regulations,  section  175 135 

May  petition  for  sale  or  exchange  of  school  property,  section  38 ..         33 
May  prescribe  rules  for  admission  of  non-resident  pupils,  section 

92..    sub-section    1     78 

May  not  conduct  school  in  house  condemned  by  division  superin- 
tendent, section  183,  sub-section  10 138 

May  not  employ  or  pay  as  teacher,  brother,  sister,  wife,  son  or 
daughter  of  any  member  of  the  board,  section  183,  sub-sec- 
tion 3  137 

May  not   employ   or  pay  teacher  who   does   not   hold   certificate, 

section  183,  sub-section   3 "     137 

May  supplement  salary  of  division  superintendent,  section  16....         26 
May   suspend    operations   of   law    for   vaccination    of   pupils,    sec- 
tion   97 82 

May   suspend   or  expel   pupils,   section    183,   sub-section   4 137 

May  take  and  manage  property  coming  by  gift,  grant  or  devise, 

as  county  or  district  board,  section  183,  sub-section  15 139 

Must  not  build  school-house  until  plans,  etc.,  approved  in  writing 

by  division  superintendent,  section  183,  sub-section  10 138 

Must  submit  estimates  of  funds  needed  to  council,  section  179..       136 

Section   183,   sub-section   14    139 

On  failure  of  treasurer  to  give  division  superintendent  state- 
ment, after  failure  to  pay  warrant,  may  have  funds  trans- 
ferred to  special  depositary,  section  117  92 

On  failure  of  treasurer  to  pay  warrant,  duty  to  furnish  division 
superintendent  complete  statement  of  school  funds,  section 

117,   sub-section    1    92 

On  failure  of  treasurer  to  pay  warrant,  having  funds,  may  have 

all  transferred  to  special   depositary,  section   117    92 

Perform  duties   prescribed  by  State  Board  of  Education,  section 

183,    sub-section    15 139 

Powers  and   duties  of,  section   183 136 

Powers    of,    section    174 135 

Section    183    136 

Provide  books  for  indigent  children,  section  183,  sub-section  5..       137 
Provide  school-houses  and  furniture,  section  183,  sub-section  10..       138 

Quorum,  section  175   

Record  of  approval  of  claims,  kept  by,  section  183,  sub-section  13 
Regular  and  special  meetings  held  by,  section  183,  sub-section  8       138 
Request  council  to  make  levy  or  appropriation,  section  183,  sub- 
section   14 18f 


186 

School  affairs  in  cities  administered  by,  section  170 133 

School  law  for  county  and  district  boards  applies  to,  unless  other- 
wise provided,  section  170 133 

Select  State  students  of  V.  P.  I.,  section  155 . .  123 

Shall  see  that  census  is  taken,  section  183,  sub-section  7 138 

State  school  funds  disbursed  on  order  of,  section  180 136 

State   students   to   Virginia   Polytechnic   Institute,    appointed   by, 

section    155 123 

Title  to  school  property  vests  in;   exception,  section  174 135 

Trustees   of   several    districts   no    organization   or   duties    except 

those  assigned  by,  section  174 135 

Visit  schools,  section  183,  sub-section  li 138 

Warrants  of,  how  drawn,  section  183,  sub-section  13 138 

CITY  TREASURER 

Compensation   and   commissions,   section   102 84 

Sections    105    and    106 86 

How  State  school  funds  kept  and  disbursed  by,  section  180 136 

Ineligible  to  office  of  division  superintendent,  section  176 135 

Must  furnish  Auditor  with  annual  statement  of  all  receipts  and    . 

disbursements   for  publication,  section   116 91 

Must  keep  school  taxes  separate   and  distinct,  section  140 114 

Must  specify  school  taxes  on  tax  bills,  section  140 114 

On  failure  to  give  division  superintendent  statement,  after  fail- 
ure to  pay  warrant,  city  board  may  have  school  funds  trans- 
ferred, section  117  92 

On  failure  to  pay  warrant,  having  funds,  city  board  may  have 

funds   transferred   to   special   depositary,   section   117 92 

Recovery,  penalty  and  procedure,  if  warrant  in  favor  of  deposi- 
tary not  paid,  section  117,  sub-section  7  93 

Relief  of,  if  Auditor's  school  warrant  lost,   section   114    90 

School  law  for  county  treasurer  applies  to,  unless  otherwise  pro- 
vided, section  170 133 

Shall  pay  warrants  on   State  school  tax  fund  out  of  any   State 

funds  received  by  him,  section  123 96 

State  school  funds  paid  to,  in  cash,  section  19 26 

Section    122     95 

See  County  Treasurer. 

CLERK  OF  COUNTY  SCHOOL  BOARD 

Duty  of,  to  enter  fine  against  treasurer  or  clerk,  when,  section 

109    4         88 

See  County  School  Board. 

CLERK    OF    CITY    SCHOOL    BOARD 

Appointment    of,    section    175 135 

Discharges  same  duties  in  general  as  district  clerks,  section  183, 

sub-section    15     139 

Duties  of,   under  compulsory  education   law,  section   95 79 


187 

CLERK  OF  DISTRICT  BOARD 

Annual   report  to,   and   exhibition   of   books   and    papers    before, 

county   school   board,    section    108    88 

Appointment  of,  section  40    34 

Clerk  of  city  school  board  has  same  duties,  section  183,  sub-sec- 
tion   15    139 

County  school  board  may  remit  fine  against,  when,   section  109  88 

Division  superintendent  to  inspect  books  of,  regulation   43    154 

Duties  of,  sections  45  and  46   36 

Duties  of,  in  regard  to  deducting  money  for  teachers'  pensions, 

section  79,  sub-section  4    67 

Duties  of,  under  compulsory  education  law,  section  95   79 

Execute  contracts  with  teachers  ,  when,  regulation  120 173 

How  census   taken  by,  when  district  lies  in  more  than  one  county, 

section   44    36 

Keep  separate  statistics  concerning  adults,  regulation  93 165 

Keep  records,   cash  accounts,   etc.,  section   45    36 

Keep  separate  record  of  permits  and  tuition  of  persons  between 

20  and  25,  regulation  93   165, 

Must  see  that  annual  statement  of  county  school  board  is  posted, 

section    127    9& 

Notified  of  amount  of  district  tax,  etc.,  regulation  46 155 

Pay  tuition  fees  to  treasurer,  regulation  93  165 

Pay  of,  section  45   38 

Penalty  for  failure  to  lay  books  and  papers  before  county  board, 

section  109 88 

Records  of,  open  to  inspection,  section  45    36 

Records  of,  subject  to  periodical  examination,  section  45   3$ 

Register  must  be  delivered  to,  by  teachers,  section  77   65 

Regulation    95    165 

Scheme  of  appointment  to  be  furnished  to,  regulation  45   154 

Take  census  of  deaf  and  blind,  section  42   35 

Take  census  and  pay  for  same,  section  41   35 

CLERK  SCHOOL  TRUSTEE  ELECTORAL  BOARD 
See  School  Trustee  Electoral  Board. 

CLERK    OF    SUPERINTENDENT    OF   PUBLIC    INSTRUCTION 
See  Superintendent  of  Public  Instruction. 

CODE  OF  VIRGINIA 

What  chapters  66  and  67  include,  respectively,  note  to  section  170      133 

COLLEGE    OF    WILLIAM    AND    MARY 

Loans  to  State  students  in,  section  142 117 

Member  of  faculty  eligible  to  position  on  State  Board  of  Educa- 
tion,  section   6 

Section   3    15 

President  or  chairman  to  make  annual  report  to  Superintendent  of 

Public  Instruction,  section  160   125 


J88 

Professional  certificates   to  graduates  of,  regulation  21 14i> 

State  students,  how  selected,  expenses,  etc.,  section  150 121 

State  students  of,  must  teach  two  years  in  public  schools  of  Vir- 
ginia,   section    150    121 

Superintendent  of  Public  Instruction  member  of  board  of,  section 

13    24 

COLORED  PERSON 

Defined,  section  93   78 

Separate  schools  for,  section  91    77 

See  Certificates. 

COMMISSIONER  OF  ACCOUNTS 

Settles  accounts  of  school  boards  when  funds  donated,  etc.,  sec- 
tion 53    40 

COMMISSIONER    OF   REVENUE 

Duty  of,  as  to  assessment  of  school  taxes,  section  131 101 

COMMONWEALTH'S  ATTORNEY. 

Act  for  county  school  board,  section  39 34 

Duty  to  enter  suit  for  penalties  and  forfeitures,  section  69 63 

Member  school  trustee  electoral  board,  section  20   26 

Treasurer    must    exhibit    cash    for    school    funds    before,    section 

113    ; 9« 

COMPULSORY    EDUCATION 

Applies  in  any  county,  city,  town,  or  magisterial   district   when 

majority  of  qualified  voters  so  direct,  section  95,  sub-section  2        79 
Applies    to    children    between    eight    and    ten    years,    section    95, 

sub-section    1     79 

Duty  of  district  clerk  to  prosecute  all  offences  against  law  pro- 
viding for  fee,  section  95,  sub-sections  6  and  8  81 

Effect  of  attendance  upon  half  time  or  night  school,  section  95,  sub- 
section 7    

Election  for,  only  once  in  two  years,  section  95,  sub-section  2....         79 

Form   of  ballot  in   election   for,   section   95,   sub-section   3    80 

May   be  provided   for,   section   14    11 

Penalty  for  violation  of  law  concerning,  and  how  collected,   sec- 
tion   95,    sub-section    5    

Provided  for  in  certain  cases,  section  95   79 

School  board  required  to  ascertain  the  condition  of  children  twice 

yearly  in  districts  having,  section  95,  sub-section  4    81 

When  submitted  to  vote  of  the  people,  section  95,  sub-section  2..         79 

CONDEMNATION  OF  LAND  FOR  SCHOOL  PURPOSES 

Power  of  district  board  as  to,  section  55   

Section    56    42 

Power  of  city  board  as  to,  section  183,  sub-section  15    139 


189 

CONSOLIDATION   OF   SCHOOLS 

Provided  for,  section  86    72 

Urged  upon  division   superintendents  and   school  boards,  regula- 
tion   79 162 

CONTAGIOUS  DISEASES. 

Pupils  suffering  with,  to  be  excluded,  section  97 82 

CONTRACTS   .WITH    TEACHERS 

Form  of,  to  be  prescribed  by   Superintendent  of  Public  Instruc- 
tion,  section   78    66 

How  executed,   regulation   120. . 173 

Must  be  signed  in  duplicate,  section  78   » 66 

Shall  provide  for  deduction  for  pension,  section  79,  sub-section  4  67 

Terms  of,  prescribed  at  meeting  of  board,  regulation  65 158 

Written   contracts   obligatory,   section   78 66 

Regulation    66     158 

CORPORATION  OR  HUSTINGS  COURT  OR  JUDGE 

Boundaries  of  school  districts  to  be  recorded  in  clerk's  office  of, 

section    172     134 

May  make  order  for  sale  or  exchange  of  school  property,  section 

38     33 

Must  instruct  grand  jury  against  discounting  school  warrants  by 

county,  district  or  school  officers,  etc.,  section  66,  sub-section  3  62 
Power  to  remove  county,  city  and  district  officers,  section,  70  ....  63 
Trustees  in  cities  qualify  before,  section  183  136 

COUNTY  INSTITUTES 

Division  superintendent  to  promote,  etc.,  regulation  58 . . '. 157 

COUNTY   SCHOOL   BOARD 

A  corporation ;    title,   section  31 30 

Appoint  State  students  to  Virginia  Polytechnic  Institute,  section 

155     123 

Annual   meeting  of,   section   35    30 

Annual   report  of,  section   36 31 

Annual  settlement  with,  reports  from,  and  inspection  of  books  and 

papers   of    county   treasurers   and   clerks   of   district   boards, 

section    108    

Appeal  to,  by  non-resident  taxpayer  in  matter  of  tuition,  section  92        78 
Apportions  county  school  fund,  section  37,  sub-section  3    31 

Regulation   45    154 

Authority  over  sub-district,  section  65,  sub-section  2 

By-laws  and  regulations  of,  section  34   

Clerk  of,  and  his  compensation,  section  34 

Commonwealth's  attorney  to  appear  for,  section  39   

Direct   apportionment   of   State  school   funds,   etc.,   regulation   45       154 
Duties  of,  in  apportioning  funds  when  district  in  more  than  one 

county,  section  44  3^ 


190 

Estimates  of  district  boards  to  be  submitted  to,  section  37,  sub- 
section 2    31 

Regulation    72 160 

Examine   into    management    of   trusts    for    purposes   of    common 

school  education,  section  37,  sub-section  4   31 

Expenses  of,  how  paid,  section  34    30 

Glebe  lands,  etc.,  may  vest  in  and  be  managed  by,  section  118..       93 
Section   119 94 

How  constituted,  section   31 30 

Impose  fine  on  treasurer   if  he  fails  to  report,  etc.,  section  107..         87 
Section   109    88 

Invest  and  manage  property  vested  in  or  controlled  by,   section 

37,   sub-section    4    31 

Section    100    84 

Make  provision  for  fulfilment  of  purposes  of  donation  to  district 

in  case  boundaries  are  changed,  section  53 40 

May  apply  funds  for  investment  to  erection  of  school-houses,  when, 

section   37,   sub-section   4    31 

May  apply  profits  of  invested  funds  to  erection  of  school-houses  or 
purchase  of  apparatus,  section   37,  sub-section  4    31 

May  apply  to  State  Board   of  Education  for  relief  from  sub-dis- 
trict law,  section  65,  sub-section  21    61 

May  appoint  medical  inspectors  of  schools,  regulation  117. .......       173 

May    charge    for    instruction    in    high    school    branches,    section 

84 72 

May  employ  counsel,  section  37,  sub-section  4    31 

May  encourage  meetings  of  teachers,  section  81,  sub-section  1   . .         70 

May  establish  high  schools  or  provide  for  instruction  in  higher 

branches,    section    84    72 

May  file   petition  for   sale   or   exchange   of   school    property,    sec- 
tion 38    33 

May  loan   not   exceeding   $1,000   to   school   districts   for   building 

school-houses,  section  62    46 

May   order   district   board   to    pay   expenses   of   trustees,    section 

37,    sub-section    1    31 

May  petition  board  of  supervisors  to  submit  question  of   school 

levy  to  people,  section  126,  sub-section  3 96 

May  remit  fine  of  delinquent  clerks  and  treasurers,  when,  section 

109   88 

May  supplement  salary  of  division  superintendent,  section  16  ....         26 

May  suspend  operation  of  law  requiring  vaccination,  section  97 . . 

Meetings   of,  how  called,   section   33    30 

Must  cause  all  warrants  paid  by  treasurer  to  be  properly  cancelled, 

section  108    88 

Must  enter  fine  against  treasurers  and  clerks  who  fail  to  submit 

books,  etc.,  section  109   88 

Must  have  title  approved  by  court  or  judge  when  they  purchase 

real    estate,    section    54 41 

Section    56    42 


191 

Must  make  minute  of  and  take  proper  action  on  account  of  irregu- 
larities   in    annual    settlements   with   treasurers    and    clerks, 

section  108 88 

Officers  of,   section   32 32 

On  failure  of  treasurer  to  give  statement  to  division  superinten- 
dent, after  failure  to  pay  warrant,  may  order  school   funds 

transferred,  section  117 92 

On  failure  of  treasurer  to  pay  warrant,  having  funds,  may  have 

school  funds  transferred  to  special  depositary,  section  117   . .         92 

Powers  and  duties  of,  section  37 31 

Powers  of,   section   31 30 

Powers  of,  do  not  affect  will  of  Samuel  Miller,  section  37,  sub- 
section 4 31 

Prepare  and  file  statement  of  expenses  for  next  scholastic  year, 

section  37,  sub-section  2    31 

Section   126,   sub-section   3 96 

'  Proceed  against  treasurers,  district  boards  and  trustees,  trustees 

of  school  funds,  etc.,  to  compel  settlements,  section  39  34 

Property  vested  in  and  managed  by,  section  37,  sub-section  4 31 

Select  State  students  of  V.  P.  I.,  section  155 123 

Shall  audit  warrants,  etc.,  and  report  on  same,  section  124 96 

Shall  publish  annual  statement;  penalty  for  failure  to  do  so,  sec- 
tion 127 98 

Sub-district  law  effective  only  when  adopted  by,  section  65,  sub- 
section 21    61 

COUNTY    SCHOOL  FUNDS 

Collected,  etc.,  by  county  treasurer,  section  100 84 

Embracing   what,  section  126,  sub-section  2 96 

How  apportioned,  section  37,  sub-section  3   31 

Regulation   45 154 

Money  recovered  for,  when  paid  to  unlicensed  teacher  or  certain 

relatives  of  trustees,  section  47,  sub-section  2   

Unexpended,  how  treated,  section  110    

See  School  Funds. 

COUNTY  TREASURER 

Annual  report  to,  and  exhibition  books  and  papers  before  county 

school    board,   section    108    

Any  irregularity  in  acts  of,  to  be  noted  in  minutes  of  county 

school  board,  section  108 

Collect,  disburse  and  invest  funds  controlled  by  county  or  district 

school  board,  section  100  

Commissions  on  local  levies,  section  102 

Sections  105  and  106 

Commissions  on  State  funds,  section  102 

Compensation  of,  sections  100,  101  and  102 

Sections  105   and  106 

County  school  board  may  remit  fine  against,  when,  section  109  . .         88 


192 

Deliver  cancelled  warrants  to  division  superintendent  of  schools, 

section  108   88 

Duties  of,  in  city  of  second  class,  section   173 134 

Fine  to  be  deducted  from  pay  of,  section  109    88 

How  penalties  and  forfeitures  against,  sued  for,  section  69  63 

In    computing    commissions    county    and    school    moneys    to    be 

treated  as  one  sum,  section  102   84 

Keep  separate  records  of  tuition  of  pupils  between  twenty  and 

twenty-five,  regulation  93    165 

Keep   State   high   school   fund  separate,   and   report   on   same   to 

division  superintendent  of  schools,  section  87,  sub-section  3..         73 
May  be  required  to  pay  past  due  interest  or  principal  on-  loans 
from    literary    fund    without    warrant    from    district    school 

board,  section  63,  sub-section  5    48 

May  disburse  only  on  warrant,  section  102  84 

Must  furnish  annual  statements  of  all  receipts  and  disburse- 
ments for  publication,  section  116 91 

Must  keep  funds  separate,  section  102    84 

Must  keep  school  taxes  separate  and  distinct,  section  140   114 

Must  return  delinquent  list  by  July  1st,  except  in  Accomac  and 

Northampton,  section  104  86 

Must  settle  with  school  boards  by  October  1st,  and  exhibit  cash 
to  judge  and  commonwealth's  attorney;  penalty  for  failure, 

seotion    113     90 

M"ust  specify  school  taxes  on  tax  bills,  section  140   114 

No  commissions  on  funds  appropriated  for  libraries,  section  144..       119 
Notice  of  receipt  of  State  funds  to  division  superintendent,  sec- 
tion 19    26 

No  treasurer  nor  deputy  to  deal  in  warrants;  penalty,  section  111         89 
On  failure  to  give  division   superintendent  statement    after  fail- 
ure  to    pay   warrant,   county   board   may    have    school    funds 

transferred  to  special  depositary,  section  137   92 

On  failure  to  pay  warrant,  duty  of,  to  furnish  division  superinten- 
dent complete  statement  of  school  funds,  section  117,  sub-sec- 
tion 1  92 

On  failure  to  pay  warrant,  haying  funds,  county  school  board  may 
have  all  school  funds  transferred  to  special  depositary,  sec- 
tion 117  92 

Pay  out  State  high  school  funds  on  warrants  of  district  board, 

section  87,  sub-section  3    

Penalty  for  failure  to  lay  before  county  school  board  his  books 

and  papers,  section  109    

Penalty  for  failure  to  pay  warrant,  having  funds,  section  111  ....         89 

Receive  copy  of  apportionment  schemes,  regulation  45    154 

Recovery,  penalty  and  procedure  if  warrant  in  favor  of  depositary 

not  paid,  section  105,  sub-section  7  

Relief  of,  if  Auditor's  school  warrant  lost,  section  114   90 

Report    by,    to    division    superintendent    on    December    1st,    etc., 

regulation    44    154 


Requir< 
div 


193 


uired  to  report  state  of  school  finances  on  December  1st  to 
division  superintendent  with  affidavit,  penalty  if  report  not 
made,  section  107  87 

Requisition  by,  upon  Second  Auditor  for  State  school  funds,  sec- 
tion 19  26 

Shall  not  teach,  nor  his  deputy,  regulation  94   165 

Shall  pay  warrants  on  State  school  tax  fund  out  of  any  State 

fund  received  by  him,  section  123  96 

Shall  receive  and  disburse  all  school  moneys,  taxes  and  levies, 

section  102  84 

Shall  receive  copy  of  apportionment  of  State  school  funds,  regu- 
lation 1,  sub-section  9  142 

Suits  against,  by  successor  for  benefit  school  boards,  etc.,  section 

112  92 

Sureties  liable  for  acts  of,  section  100   84 

When  to  receive  taxes  and  levies  and  when  to  add  penalty,  sec- 
tion 103  85 

COURSES  OF  READING 

Examiners  to  prescribe  for  teachers,  regulation  10 145 

Regulation    35     152 

For  issuing  or  renewing  professional  certificates,  regulation  21 . .  149 
For  renewing  first  grade   certificates,   regulation   17,   sub-sections 

a   and    c    147 

For  renewing  second  grade  certificates,  regulation  18 148 

For   renewing   special   certificates,    regulation    26,   sub-section   a..  150 

DAVIS,  JEFFERSON 

His  birthday  to  be  a  day  of  recreation  in  public  schools,  sec- 
tion 165  127 

DEAF  AND  BLIND,  SCHOOL  FOR 

Division   superintendent  to   forward   consolidated   report   of   deaf 

and  blind  to  superintendent  of,  section  42 35 

Member  of  faculty  eligible  to  position  on  State  Board  of  Educa- 
tion, section  6  8 

Section    3     15 

President  or  chairman  of,  to  make  annual  report  to  Superin- 
tendent of  Public  Instruction,  section  160 125 

Superintendent  of  Public  Instruction  member  of  board,  section  13        24 

DEPARTMENT  OF  PUBLIC  INSTRUCTION 
See  Superintendent  of  Public  Instruction. 

DEPOSITARY 

Commissions,   section   117,   sub-section   5 93 

Designated   by  county  or  city  board,   section   117,   sub-sections   2 

and  3    92 

Must  reside  in  county  or  city  and  give  bond,  section  117,  sub- 
section 4  .  92 


194 

Must  take  proceedings  to  recover  amount  of  warrant  drawn  in 

his  favor  from  treasurer,  section  117,  sub-section  7 93 

Special,  in  case  treasurer  fails  to  pay  warrant  or  give  statement 

of  school  funds  to  division  superintendent,  section  117 92 

Subject  to  same  rules,  etc.,  as  treasurers,  section  117,  sub-sec- 
tion 5 93 

DISTRICTS 

See  School  Districts. 

DISTRICT  SCHOOL  BOARD 

A  corporation,  and  how  named,  section  52 40 

Aid  teachers  in  maintaining  discipline,  etc.,  regulation  78 161 

Annual  report  of,  to  division  superintendent,  regulation  75 161 

Any  member  who  employs  or  pays  teacher  without  certificate,  or 
related  to  any  member  of  board,  as  brother,  sister,  etc.,  liable 

to  refund  any  public  money  so  paid,  section  47,  sub-section  2  37 
Appoint  manager  of  libraries  and  person  to  select  books,  section 

144    11» 

Authority  to  employ  and  dismiss  teachers,  subject  to  review  by 

school  trustee  electoral  board,  section  47,  sub-section  2 37 

Authority  over  sub-districts,  section  65,  sub-section  2 53 

Call  meetings  of  the  people  of  the  district,  section  47,  sub-sec- 
tion 7  37 

Care  for,  manage  and  control  school  property,  section  47,  sub- 
section 9  38 

Certificate  of,  necessary  to  secure  State  funds,  section  50 39 

Contracts  with  teachers,  how  made,  regulation  65a 172 

Control  and  care  for  school-house,  regulation  78 161 

County  school  board  may  proceed  against,  to  secure  settlement  of 

accounts,  etc.,  section  37,  sub-section  4 31 

Section  39 34 

Decide  what  children  are  indigent,  section  47,  sub-section  3 37 

Declare  holidays,   regulation  74    161 

District  fund  under  control  of,  regulation  73 160 

Division  superintendent  to  be  present  at  meeting,  etc.,  but  may 

not  vote,   regulation   53 156 

Donations  to  school  district  to  vest  in,  section  53 40 

Duties  of,  under  compulsory  education  law,  section  95 79 

Employ  and  dismiss  teachers,  section  47,  sub-section  2 37 

Establish  or  alter  sub-districts,  section   65,  sub-section  1 52 

Estimates  of,  submitted  to  county  school  board,  section  37,  sub- 
section 2  31 

Regulation    72 160 

Examination  of  accounts  of,   section  108 

Examine,  approve  and  pay  claims,  section  47,  sub-section  12 

Section  51    40 

Exercise  great  care  in  building  and   locating  school-houses,  etc., 

regulation  77    I61 


195 

Explain,  enforce  and  observe  school  laws,  section  47,  sub-sec- 
tion 1  37 

Full  power  to  employ  teachers,  subject,  etc.,  regulation  65 158 

Furnish   estimates  to   division   superintendent  of  money   needed, 

etc.,   section   126,  sub-section   3 97 

Glebe  lands,  etc.,  may  vest  in  and  be  managed  by,  section  118 93 

Section    119 94 

Hold  regular  and  special  meetings,  section  47,  sub-section  6 37 

How  school  funds  applied  by,  regulation  73 160 

Keep  record  of  approval  of  claims,  section  47,  sub-section  12....         38 
Section    51     40 

Make  annual  report,  section  47,  sub-section  14 38 

Make  rules   for  government  of  schools  and   conduct  of   children 

going  to  and  returning  from  school,  section  47,  sub-section  1        37 

May  admit  pupils  between  20  and  25,  under  conditions,  section  94         78 

May  admit  without  tuition  children  of  taxpayers  who  reside 
outside  of  this  State  in  certain  instances,  section  92,  sub- 
section 2  78 

May  appoint  directors  of  sub-district,  when,  section  65,  sub-sec- 
tion 10  55 

May  borrow  and  issue  bonds  to  provide  additional  school-houses 

if  school  funds  will  not  be  sufficient,  section  64 49 

May  borrow  from  County  School  Board  to  build  houses,  section  62        46 

May  borrow  money  from  literary  fund  to  erect  school-houses,  sec- 
tion 63,  sub-section  2  47 

May  charge  fee  for  high  school  branches,  section  84 72 

May  close  school  at  any  time  for  cause  and  pay  teacher  accord- 
ingly, regulation  71  160 

May  condemn  real  estate,  etc.,  section  55 41 

Section    56    42 

May  encourage  meetings  of  teachers,  section  81,  sub-section  1 .  v. .         70 

May  establish  high  schools  or  provide  for  instruction  in  higher 

branches,   section   84    72 

Section  87   72 

May  lease,  purchase  or  build  houses,  section  47,  sub-section  9 .... 

May    make    appropriations    to    non-sectarian    schools    of    manual, 

industrial  or  technical  training,  etc.,  section  47,  sub-section  15         39 

May  make  regulations  for  infliction  of  penalties  on  pupils,  regula- 
tion 96  165 

May  not  conduct  school  in  house  condemned  by  division  superin- 
tendent, section  57  

May  not  elect  holder  of  third  grade  certificate,  when,  regula- 
tion 19  148 

May  not  employ  or  pay  any  teacher  who  does  not  hold  certificate, 
section  47,  sub-section  2  

May  not  employ  or  pay  as  teacher  any  brother,  sister,  wife,  son, 
or  daughter  of  any  member  of  board,  section  47,  sub-sec- 
tion 2  

May  petition  for  sale  or  exchange  of  school  property,  section  38.. 


196 

May  provide  for  introduction  of  manual  and  industrial  training 
and  other  special  branches  in  schools,  section  47,  sub-sec- 
tion 15  39 

May  submit  question  of  election  of  teacher  to  patrons,  etc.,  regu- 
lation 69  159 

May  sue,  contract,  etc.,  section  52 40 

May  suspend  or  expel  pupils,  section  47,  sub-section  3 37 

Must  act  promptly  in  cases  of  suspension  of  pupils,  section  80..  70 

Must  appropriate  at  least  $250.00  for  high  school,  or  as  much  as 

State  gives,  to  secure  State  aid,  section  83,  sub-section  3 73 

Must  appropriate  money  for  as  many  as  live  libraries  in  any  one 

year,  when,  section  144 119 

Must  elect  teachers  assembled  in  meeting,  regulation  65   158 

Regulation  65a  172 

Must  enter  into  written  contracts  with  teachers,  section  78 66 

Regulation    66    158 

Must  have  written   title  and   same   approved  by   court  or  judge 

when  they  purchase  real  estate,  section  54 41 

Section  56    42 

Must  have  title  in  fee  to  borrow  from  literary  fund,  section  63, 

sub-section  6  48 

M'ust    make   written   application   to   borrow   money    from   literary 

fund,   section  63,   sub-section   2 47 

Must  not  build  school-house   until   site,   location,   plans,   etc.,   are 

approved   by   division   superintendent,   section   57 42 

Regulation    77 161 

Must  provide  bookcases  for  libraries,  section  144 119 

Must  provide  outhouses,   etc.,   section   58,  sub-section  4 44 

Section   60,  rule   12    46 

Must  settle  accounts  of  funds  donated,  etc.,  before  commissioner 

of  accounts,   section   53    40 

M'ust  specify  time  of  opening  and  closing  school  in  contract  with 

teacher,   regulation   70    160 

Number  of  trustees,  quorum,  and  officers,  section  40 34 

Parcels  of  land  that  may  not  be  acquired  by  condemnation  pro- 
ceedings by,  section  56  42 

Pay  out   State   high  school   aid   exclusively   for  support   of   high 

school,  section  87,  sub-section  3    73 

Penalty  for  failure  to  have  written  contracts  with  teachers,  regu- 
lation 67  159 

Powers  and  duties  of,  section  47  37 

Prescribe  time  of  opening  and  closing  school,  etc.,  regulation  70. .  160 

Provide  books  for  indigent  children,  section  47,  sub-section  3....  37 

Provide  for  disinfecting  school-house  and  sanitary  drinking  ap- 
pliances, section  60,  rules  10  and  11 45 

Provide  for  pay  of  teachers  and  all  expenses,  section  47,  sub- 
section 11  38 

Section  51    40 

Provide  school-houses  and  furniture,  section  47,  sub-section  9....  38 


197 

Publish  annual  statement,  penalty  for  failure  to  do,  section  127..  98 

Records  of,  kept  in  bound  volume,  section  45 86 

Records  of,  open  to  inspection,  section  45   36 

Report  on  any  matter  when  required  by  division  superintendent 

of   schools,   section   47,    sub-section    14 38 

Request  board  of  supervisors  to  levy  tax  to  pay  loans  from 
literary  fund;  penalty  for  failure  to  do  so,  section  63,  sub- 
section 5  48 

Revise  school  census,  section  41    ' 35 

Secretary  of  sub-district  must  report  to,  section  65,  sub-section  11  56 

See  that  census  is  taken,  section  47,  sub-section  5 37 

Special    meetings   called   by  chairman   or   two    members,    section 

47,  sub-section  6    .* 37 

Stated  and  special  meetings  of,  regulation  64    158 

Statement   of,    for    bond    issue   must   be    approved    by    board    of 

supervisors,  section  64,  sub-section  1    49 

Substitutes  may  not  be  engaged  nor  days  lost  by  teachers  without 

consent   of,    regulation   97 166 

Title  to  school  property  belonging  to  district  to  vest  in,  section  52  40 
Tuition  agreed  on  by,  in  advance    when  pupils  go  from  one  dis- 
trict to  another,  regulation  89 164 

Urged  to  consolidate  school,  regulation  79   162 

Visit  schools,  section   45,  sub-section  10    38 

Warrants  of,  how  drawn,  section  47,  sub-section  12 38 

Section  51    40 

Written  report  to  division  superintendent  on  teachers  contracted 

with,   regulation  68    , 159 

DISTRICT  SCHOOL  FUND 

Under  control  of  district  board,  regulation  73 160 

Unexpended  to  remain  part  of,  section  110 89 

What  it  consists  of,  section  126  ,sub-section  3 96 

See  School  Funds  also. 

DISTRICT  SCHOOL  LEVY 
See  Taxation. 

DISTRICT  SCHOOL  TRUSTEE 
See  Trustee. 

DIVISION  SUPERINTENDENT  OF  SCHOOLS 

Administer  oaths  and  take  testimony  in  certain  cases,  regula- 
tion 56  156 

Annual  report  of,  section  36    

Regulation    41    I53 

Annual  report  of  district  board  to,  regulation  75 '. 161 

Appeals  from,  regulation  1,  sub-section  6    141 

Regulation    32    I52 

Regulation   55 156 

Appointed  by  State  Board  of  Education,  section  8 9 


198 

Section  7,  sub-section  1   17 

Section  15    25 

Apportion    State    and    county    school    funds    under    direction    of 

county  school  board,  regulation  45 154 

Regulation  46   155 

Approve  certificates,   section   74 65 

Approve  payment  of  salary,  if  school  closed  before  teacher's  con- 
tract expires,  regulation  71 160 

Approve  site,  location,  etc.,  of  school-houses,  section  57 42 

Regulation    77    161 

Approve  time  fixed  for  opening  and  closing  school,  regulation  70  160 

Assistants  of,  in  conducting  examinations,  regulation  13 145 

Cancelled  warrants  to  be  delivered  to,  section  108 88 

Clerk  of  school  trustee  electoral  board,  section  21 27 

Copy  of  returns  of  census  delivered  to,  section  41  35 

Section  42    35 

County  superintendent  may  not  teach,  regulation  92 165 

Decide  local  appeals  or  complaints,  unless,  etc.,  subject  to  appeal 

to  Superintendent  of  Public   Instruction,  regulation   55 156 

Deduction  from  salary  for  delay  of  monthly  report,  regulation  40  153 
Deduction  from  salary  for  delay  of  annual  report,  regulation  42..  154 
Deduction  from  salary  for  failure  to  furnish  information,  regula- 
tion  51    155 

Delinquent,  to  be  reported  by  Secretary  State  Board  of  Education, 

regulation   52    155 

Distribute  all  reports,   forms,   laws,   etc.,  regulation   49 150 

Duties  and  authority  of,  not  abridged  by  sub-district  law,  section 

65,  sub-section  18   60 

Duties  of,  as  to  continuance  of  school  when  average  reduced  by 

factional   spirit,  etc.,  regulation  88 163 

Duties  of,  in  apportioning  funds  when  district  in  more  than  one 

county,  section   44    36 

Duties  of  in  general,  and  amount  of  time  to  be  given  to  same, 

section  7,  sub-section  1    17 

Duties  of  in  general,  visitation  and  general  supervision,  regula- 
tion  57    157 

Duties  of  prescribed  by  State  Board  of  Education,  section  8 9 

Section  7,  sub-section  1    17 

Section    18    26 

Duties  of,  under  compulsory  education  law,  section  95 79 

Duties    regarding    the    census    when    boundaries    of    districts    are 

changed,    section    43 35 

Encourage  meetings  of  teachers,   regulation   58 157 

Endorse   certificates,  regulation   30    152 

Examiners  to  advise  in  reference  to  improving  school  conditions, 

regulation  9,  sub-section   1    145 

Examiners    to    advise    in    reference    to    location    and    erection    of 

buildings,  regulation   7,   sub-section   4    145 

Examiners  to  aid,  in  lengthening  school  term,  increasing  pay  of 

teachers,  etc.,  regulation  7,  sub-section  3 144 


199 

Examiners  to  assist  in  meetings  of  teachers  and  people  and  in  . 

eliciting  interest  of  people,  regulation  7,  sub-section  2 144 

Examiners  to  co-operate  with,  and  aid,  regulation  7,  sub-section  1      144 

Examinations  held  under  supervision  of,  regulation  15 146 

Explain  school   system  and   see   that-  all   laws,   regulations,   etc., 

are  enforced,  regulation  50    155 

Forward  consolidated  report  of  deaf  and  blind,  section  42 35 

Forward  examination  papers  within  three  days,  regulation  14....       146 

Furnish  abstract  of  report  to  newspapers,  regulation  41 153 

Furnish   copy   of   apportionments   to   treasurer,   clerk   and  news- 
papers, regulation   45    154 

Furnish   information   of   successful   experience   of   applicants   for 

teachers'  certificates,  regulation   16 147 

Give  notice  of  establishment  of  high   school  to   State  Board  of 

Education,  section  87,  sub-section  3  73 

Give  thirty  days'  notice  of  examinations,  regulation  11 145 

Guilty  of  misdemeanor    if  does  not  comply  with  sub-district  law, 

section   65,   sub-section   20 6u 

Hold  at  least  one  institute  a  year,  regulation  58 157 

How  penalties  and  forfeitures  against,  sued  for,  section  69 63 

How  salaries  paid,  section  17    26 

Section  181  136 

How  names  of  applicants   for   certificates   retained   by,   and   for- 
warded,   regulation   13    145 

In  cities  of  second  class,  section  173 134 

In  cities,  how  paid,  section  181 136 

In  cities,  may  teach,  section  182 13(5 

Issue  certificate,   when,  section  74    65 

Keep  records  and  file  papers,  regulation  60 157 

Keep  register  of  applicants  to  teach,  regulation  38 153 

Malfeasance  or  neglect  of  duty,  penalty  for,  section  68 63 

May  administer  oath  to  trustees,  section  30   29 

May  assign  and  reassign  teachers  and  principals  in  cities,  regula- 
tion 62  158 

May  be  present  at  meeting  of  district  school  board,  etc.,  but  not 

vote,   regulation   53    156 

May  be  punished,  suspended  or  removed  by  State  Board  of  Educa- 
tion, section  7,  sub-section  15 * 

May  fix  minimum  average  attendance  at  fifteen,  when,  regula- 
tion 88  163 

Money  paid  to,  or  firm  or  agent  of  same,  if  he  works  for  or  sells 
supplies,  etc.,  to  schools,  may  be  recovered,  section  66,  sub- 
section 2  

May  refuse  to  endorse  certificate,  when,  regulation  31 152 

May  require  district  hoard  to  report  on  any  matter,  section  47, 

sub-section    14    

May   require   reports   from    directors    of   sub-district,   section    65, 

sub-section  17-8a   

May  revoke  certificate;   appeal,  regulation  32 152 


200 

May  take  part  in  sub-district  meetings,  but  not  vote,  section  65, 

sub-section    16    56 

Member  of  school  trustee  electoral   board,  section  20 26 

Monthly  report  of,  when  due,  etc.,  regulation  39   153 

Must  approve  plans,  etc.,  before  election  ordered  for  bond  issue-, 

section  64,  sub-section   5    50 

Must  approve  securities  for  investment  of  sinking  fund,   section 

64,    sub-section    9    52 

Must  condemn  unsuitable  schoolhouses,   section   57 42 

Must   furnish   express,   steamship,   etc.,   companies,   boundaries   of 

school   districts,   section   139,   sub-section    i 112 

Must  furnish  railway  and   canal   companies   and   clerks,   corpora- 
tion commission  boundaries   of   school   districts;    penalty   for 

failure  to  do  so,  section  139,  sub-section  h   Ill 

Must  furnish  telegraph,   telephone,   etc.,   companies   and   clerk   of 
corporation  commission,  boundaries  of  school  districts;  penalty 

for  failure  to  do  so,  section  139,  sub-section   1 113 

Must  give  notice  of  price  of  text  books  and   mode  of  obtaining 

same,    regulation    48    155 

Must    inform    State    Board    whenever    appropriation    for    library 

made  by  district  board,  section  144 119 

Must   inform    Superintendent   of    Public    Instruction    in    case   his 

decisions  are  not  enforced,  regulation  50 155 

Must  inspect  record  and  account  books  of  clerks,  regulation  43..       154 
Must  not  have  any  interest  in  books,  supplies  to  schools,  etc.,  sec- 
tion  66    61 

Must  notify  county  or  city  board  if  treasurer  fails  to  pay  warrant 

or  give  statement  of  school  funds,  section  117,  sub-section  2..         92 

Must  record  apportionment  schemes,  regulation   47 155 

Must  report  refusal  to   endorse   certificate   to   examiners,   regula- 
tion  31 152 

M'ust  require  treasurer  to   give   complete   statement   of  funds   in 

case  he  fails  to  pay  any  warrant,  section  117,  sub-section  1..         92 
Must  see  that  annual  statement  of  county  broad  is  published  and 

posted,    section    127    98 

Must  see  that  school  funds  are  properly  applied,  regulation  43..       154 

Must  take  oath,  section  15 25 

Nominate  State  students  to  William  and  Mary  College  and   State 
Normal    schools    at    Fredericksburg,    Harrisonburg,    Radford, 

and    Petersburg,   section   150    121 

Section   157    .. .       124 

Appendix,  sections   2    and  3 174 

Not  entitled  to  pension,  section  79,  sub-section  1 66 

Notice  to,  of  vacancies  in  Virginia  Normal  and  Industrial   Insti- 
tute, section   167    124 

Notify  clerks  of  apportionments  and  district  tax  on  hand,  regula- 
tion  46 145 

Notify  teachers  of  school  holidays,  regulation  74   161 

Notify  treasurer  that  State  money  is  ready  for  distribution,  sec- 
tion  19    .  26 


201 

Number  applicants  for  examination,   regulation   13 145- 

Observe   directions  and  regulations  of   Superintendent   of   Public 

Instruction,  regulation  41    153 

One  county  and  one  city  eligible  to  position  on  State  Board  of 

Education,  section  6    9 

Section    3    15 

President  of  county  school  board,  section  32 * .         30 

Prescribe   regulations  for  meetings   of  teachers,   section   81,   sub- 
section 1    7ft. 

Promote  appreciation  of  education  among  people,  regulation  58..       157: 
Receive  copy  of  apportionment  of  State  school  funds,  regulation 

1,  sub-section  9  142: 

Receive  examination  questions  under  seal,  etc.,  regulation  12 145 

Receive  report  of  results  of  examinations,  regulation  13 14JL* 

Recommend  extension  of  certificates  which  expired  1907,  regula^  r 

tion  17,  sub-section  c , .       147 

Recommend    graduates    of    high    school    for    certificates,    regula-    : 

tion  23 149 

Recommend  teachers  for  certificates  without  examination,  regula- 
tion 17,  sub-section  c 147 

Removed  by  State  Board  of  Education,  section  8 .....          9 

Section  7,  sub-section  1   17 

Section  7,  sub-section  15 . . . . .::     :2£ 

Report  from   district  board  to,  giving  teachers   contracted   with,  • 

regulation  68    159 

Report  to  State   Board   of  Education   his   action   in   approval   of     • .  •  <  • •  • ; . 

site,  location,  plan,  etc.,  of  schoolhouses,  section  57    . ..         42 

Report  to  Superintendent  of  Public  Instruction  on  disbursement 

of  school   funds,   section   124 96 

Require  applicants  for  examination  to  fill  up  preliminary  form, 

regulation  13 145. 

Require  each  principal  to  have  patrons'  day,  regulation  59 157 

Require  of  district  clerks  necessary  reports,  regulation  54 156 

Salary  of,   section  16 25 

Section  181 136 

Salary  of,  how  supplemented,  section  16  25 

School  districts  to  be  numbered  and  named  by,  section  48 39 

See  that  price  list  of  text  books  is  given  each   teacher,  regula- 
tion 86    163 

See  that  text  books  are  sold  within  easy  reach  and  at  contract 

prices,  regulation  48   155 

Select  State  students  to  Virginia  Normal  and  Industrial  Institute, 

section  157 124 

Shall  call  meetings  of  county  school  board,  section  33 30 

Shall   examine  books   and   papers   of  treasurers   and   clerks  who 
fail  to  lay  books  and  papers  before  county  board,  and  report 

on  same,  section  109 >  •  •  •        88 

Shall  not  receive  pay  until  annual  report  received,  regulation  41      163 
Special   report  to   Superintendent   of   Public    Instruction,   regula- 
tion 41    .  153 


202 

Statement  of  complaint  to,  by  five  heads  of  families,  section  27..  29 
Submit  estimates  of  county  school  board  to  board  of  supervisors, 

section  37,  sub-section  2    31 

Section  126,  sub-section  3    96 

Submit   estimates  of  district  board  to   county  board,   section    47, 

sub-section   8    38 

Regulation    72    160 

Teachers  to  make   reports  to,   regulation    97    166 

Term  of  office,  section  15  25 

Treasurer  must  report  receipts  and  disbursements  of  State  high 

school  funds  to,  section  87,  sub-section  3 73 

Treasurer  must  report  state  of  school  finances  to,  on   December 

1st,  etc.,  section  107    87 

Regulation    44    154 

Treasurer  to  notify,  of  receipt  of  State  money,  section  19 26 

Trustees  to  act  as,  when,  regulation  61 158 

Urged  to  consolidate  schools,  regulation  79 162 

When  office  deemed  vacant,  section  15 - .  25 

Who  ineligible  in  cities,  section  176   135 

Who  not  eligible  to  office  of,  section  7,  sub-section  1 17 

Section    15 25 

DOMESTIC  ARTS  AND   SCIENCE 

.Department  of,  in  certain  high  schools,  section  89 75 

DONATIONS 

For  school  purposes,  section  37,  sub-section  4 

Section  53    

Private,  for  libraries,  section  144   119 

DRAWING 

Special    certificate    teacher    of,    regulation    22 12G 

ELECTIONS 

See  Special  Elections. 

ERRATA 

See  page  2. 

ESTIMATES 

By  city  school  board,  section  179 136 

Section  183,   sub-section   14 139 

By  county  boards,  section  37,  sub-section  2  31 

By  district  boards,  section  47,  sub-section  8 38 

Duty  of  board  of  supervisors   in  regard  to,  section  126,  sub-sec- 
tion 3    96 

Duty   of   division   superintendent   in   regard   to,   section   37,   sub- 
section  2 31 

Section  47,  sub-section  8    38 


203 

EXAMINATIONS 

Applicants  for,  how  numbered,  regulation  13 145 

Applicants  for,  how  numbered  when  examined   at  a  summer  in- 
stitute,  regulation   13    145 

Applicants  for,  to  fill  up  preliminary  form,  regulation  13 145 

Certificates  issued  directly  to  teachers,  regulation  14  146 

Division  superintendent  to  give  30  days'  notice  of,  regulation  11..  145 
Duplicate  list  of  names  and  results  sent  to  Department  of  Public 

Instruction,  regulation  14    .' 146 

Examiners  to  fix  time  of,  regulation  10   145 

Examiners  to  hold,  regulation   10 145 

Regulation  37  152 

Papers  destroyed  after  12  months,  regulation  14. . . . 146 

Papers  forwarded  to  Department  of  Public  Instruction  after  valua- 
tion,  etc.,   regulation   14    146 

Papers  to  be  forwarded  by  division  superintendent  within  3  days, 

etc.,  regulation   14    146 

Papers  valued,  etc.,  by  examiners  acting  together,  regulation  14..  146 

Preliminary  forms  for,  how  dealt  with,  regulation  13 145 

Questions  to  be  prepared  by  examiners  and   sent  under  seal  to 

division  superintendents,  regulation  12 145 

Regulations  for,  and  safeguards  to  be  fixed  by  examiners,  regula- 
tion 12 145 

Results  of,  kept  in  register  of  division   superintendents,   regula- 
tion  38 153 

Special,  when,  regulation  29    152 

Uniform,  when  held  and  subjects,  etc.,  regulation  15 146 

FACTIONAL,   SPIRIT 

Duty   of   certain    officers    when    average    attendance    reduced    by, 

regulation   88    163 

FINES 

How  collected,  section  69  63 

How  collected  and  compromised,  regulation  99 167 

May  be  remitted  by  county  board,  section  109 

Paid  into  literary  fund,  section  120 

Section  121   94 

See  Penalties  and  Forfeiture?. 

FIRE  ESCAPES 

Required   in   school    buildings    over   three   stories    high;    penalty, 

section   145    12° 

FORMS,  BLANK 

Distributed  by  division  superintendent,  regulation  49 155 

Prepared  by  Superintendent  of  Public  Instruction,   regulation  1, 

sub-section    3    ,  '       141 


204 

FREDERICKSBURG   STATE  N.   AND    I.   SCHOOL   FOR  WOMEN 
See  State  N.  and  I  School  for  Women  at  Fredericksburg. 

GENERAL  ASSEMBLY 

Appropriation    by,    for    salary    and    expenses    Superintendent    of 

Public  Instruction,  section  141 114 

Appropriation   by,   for    State   school    funds,    section   126,    sub-sec- 
tion 1    96 

Section  141   • 114 

Appropriation  by,  for  summer  schools,  section  141 114 

Appropriation  by,  for  traveling  libraries,   section  143 118 

May  establish  agricultural,  normal,  manual  training  and  technical 

schools,  section  13    11 

May  not  appropriate  money  to  private  schools;   exception,  section 

17    11 

May  revise,  amend  or  repeal  rules  and  regulations  State  Board 

of  Education,   section   8 9 

Superintendent    of    Public    Instruction    to    offer    suggestions     to, 

regulation  1,  sub-section  11    142 

GOVERNOR 

„  Designate  Arbor  Day  annually,  section  146 120 

Member  State  Board  of  Education,  section  6 8 

Section  3  15 

Member  United  Agricultural  Board,  section  168 129 

GLEBE  LANDS 

May  be  appropriated  for  education  and  vest  in  either  county,  city 

or  district  school  board,  section   118 93 

Section  119   94 

Property   derived   from   sale   of,   vested   in   county   school   board, 

section  37,  sub-section  4   31 

Revenue  from,  to  be  applied  in  same  way  as  income  of  literary 

fund,  section  119    94 

GRADED   SCHOOLS 

Admission  pupils  from  other  districts,  regulations  88  and  89 164 

Preference  to  be  given  to,  section  82   71 

GRAMMAR  SCHOOLS 

See  Primary  and  Grammar  Schools. 

HARRISONBURG  STATE  N.  AND   I.  SCHOOL  FOR  WOMEN 
See  .State  N.  and  I.  School  for  Women  at  Harrisonburg. 

HAMPTON  NORMAL  AND  AGRICULTURAL  INSTITUTE 

President  or  chairman  to  make  annual  report  to  Superintendent 

of  Public  Instruction,  section  160   125 

Professional  certificates  to  graduates  of,  regulation  21 149 

State  students,  how  selected,  etc.,  section  159 125 

Summer  school  certificate,  first  grade,  for  work  in,  regulation  116  172 


205 

[IGH   SCHOOLS 

Admission  pupils  from  other  districts,  regulations  88  and  89 164 

Agriculture,  manual  training,  and  domestic  economy   in,  section  89         75 

Certificates  to  graduates  of,  regulation  23   149 

Normal  training  in,  section  88   : 74 

Agricultural,  used  as  centers  of  demonstration  work,  section  89, 

sub-section    4    76 

Amount  of  land  required  for  agricultural,  and  how  managed,  sec- 
tion '  89,  sub-section  2 76 

Annual  State  appropriation  for,  section  87,  sub-section  4 74 

Section   141    ,  114 

Appropriation  by  State  for  buildings  and  equipment  for  agri- 
cultural, etc.,  section  89,  sub-section  7  77 

Section   141    ,  114 

Appropriation    by    State    for    departments    agriculture,    domestic 

economy,  manual  training,  section  89,  sub-sections  6  and  7..         76 

Appropriation  by  State  to  normal  training  departments  in,  must 
be  paid  exclusively  to  teachers  thereof,  section  88,  sub-sec- 
tion 2  75 

Section   141    114 

Appropriation  by  State  for  normal  training  departments  in,  sec- 
tion 88,  sub-section  1 74 

Section   141    ,  114 

Appropriation  by  State  for  traveling,  demonstration  and  exten- 
sion work  in  agricultural,  section  89,  sub-section  7 77 

Books,  appliances,  etc.,  in,  selected  by  State  Board  cf  Education, 

regulation  84    162 

Chief  object  of  normal  training  department  in,  section  88,  sub- 
section 3  ' . .  7."> 

District  board  must  appropriate  at  least  $250  annually  from  local 

funds  in  order  to  secure  State  aid,  section  87,  subs     tion  3..         73 

District  or  districts  must  maintain  primary  and  grammar  schools 
at  least  five  months  before  State  funds  can  be  used  for,  sec- 
tion 87,  sub-section  1  72 

Division    superintendent   to   give    notice   of    establishment    of,    to 

State  Board  of  Education,  section  87,  sub-section  3 73 

Establishment  of,  not  to  interfere  with  elementary  schools,  sec- 
tion 85  72 

Examiners  to  visit  and  inspect,  regulation  9,  sub-section  3 145 

Fee  may  be  charged  for  instruction  in  higher  branches,  section  S4         72 

Funds  may  be  privately  subscribed  for,  to  secure  State  aid,  sec- 
tion 87,  sub-section  3  73 

High  schools  and  high  school  branches  provided  for,  section  84..         72 

Section    87 72 

Section   183,   sub-section   6    137 

Regulation   80    162 

Regulation  82    162 

Itemized  statement  of  State  aid  for,  to  be  given  Auditor  by  State 

Board  of  Education,  section  87,  sub-section  4 74 


206 

Manual  training  and  domestic  economy  taught  in  agricultural, 

section  89,  sub-sections  3  and  4 76 

May  be  conducted  in  suitable  building  of  its  own  or  with  graded 

school,  section  87,  sub-section  1  72 

Must  be   inspected   before   receiving   State   appropriation,    section 

87,  sub-section  3    75 

Must  conform  to  standard  prescribed  by  State  Board  of  Educa- 
tion,   section    87,    sub-section    3 73 

Not  more  than  one  normal  training  department  in  any  county, 

section  88,  sub-section  4  75 

One  agricultural,  etc.,  at  least  in  each  congressional  district,  sec- 
tion 89,  sub-section  1  75 

One  or  more  district  boards  may  establish,  section  87,  sub-sec- 
tions 1  and  2 72 

Only  one  in  each  district  to  be  aided  by  State  appropriation, 
unless  area  and  population  justify  more,  section  87,  sub- 
section 3  73 

Receipts  and  disbursement  of  State  funds  for,  to  be  annually  re- 
ported by  treasurer,  section  87,  sub-section  3 73 

Receiving  State  aid  shall  admit  pupils  from  other  districts,  when, 

regulation  83  162 

Requirements  for  certificates  of  teachers  of  higher  branches  in, 

regulation  24 150 

Rules  for  agricultural,  prescribed  by  State  Board  of  Education 

and  President  V.  P.  I.,  section  89,  sub-section  5 76 

Schools  having  normal  training  or  agricultural,  etc.,  depart- 
ments to  be  designated  by  State  Board  of  Education,  section 

88,  sub-section    3    75 

Section  89,  sub-section  1    75 

State  aid  to    cannot  exceed   local   appropriation   for,   section   87, 

sub-sections  3  and  4    73 

State  Board  of  Education  given  power  to  fix  rules  and  regula- 
tions for  distribution  of  State  fund  for,  section  87,  sub-sec- 
tion 4  74 

State  Board  of  Education  may  appropriate  from  $250.00  to  $400.00 

for  each  high  school,  section  87,  sub-sections  3  and  4 73 

State  Board  of  Education  to  prescribe  regulations,  requirements 
for  admission  for  resident  and  non-resident  pupils,  section  87, 

sub-section    2    72 

Regulation    82 162 

Regulations  89  and  90   164 

State  money  for    to  be  kept  separate   and   used   exclusively   for 

support  of,   section   87,   sub-section   3 73 

State  money  for,  to  be  paid  out  on   warrant   of   district   board, 

section  87,  sub-section  3    73 

State  money  for,  to  be  placed  to  credit  of  high  school   fund  of 

district,   section   87,   sub-section   3    73 


207 

HOLIDAYS 

Anniversary  of  birth  of  Jefferson  Davis  to  be  celebrated  in  the 

schools,    section    165    127 

Division  superintendent  to  notify  teachers  of,  regulation   74 161 

How  iixed   in  each  division  and  district,  regulation  74 161 

INDIAN 

Defined,  section  93   78 

INDIGENT  PUPILS 
See  Pupils. 

INSPECTION  OF  SCHOOLS 

See  Division  Superintendent,  Examiners,  Superintendent  of  Public 
Instruction,  and  Medical  Inspectors  of  Schools. 

KINDERGARTEN 

Special  certificate  to  teachers  of,  regulation  26 150 

LAND  FOR   SCHOOL   PURPOSES 
See  Real  Estate. 

LIBRARIES,  SCHOOL 
See  School  Libraries. 

LAUREL  REFORMATORY 

Appropriation  for  school  and  school  building  at,  section  166....       128 
School  of,  under  control  of  State  Board  of  Education,  section  166      128 

LITERARY  FUND 

Auditor  to  pay  over,  annually  in  money,  section  121 94 

Bonds  for  loans  from,  how  paid  and  where  deposited,  section  63, 

sub-section    4    47 

County  treasurer  shall  pay  loans  from,    if  school   board   fails  to 

do  so,  section  63,  sub-section  5 48 

Fines,  part  of,  section  120    94 

Section  121 94 

How  managed  and   invested,   section   8 & 

Section  7,  sub-section  11 21 

Section  121    94 

How  money  belonging  to,  received  into  treasury,  section  7,  sub- 
section 12  21 

Income  dedicated  to  public  free  schools,  section  121 94 

Loans  from,   can  be  made   only  on   property   having  clear  title, 

section  63,  sub-section  6    48 

Loans  from,  for  building  schoolhouse  to  bear  interest  at  4  and  5 
per  cent,  and  to  be  repaid  in  15  annual  installments,  section 
63,  sub-sections  4  and  8  47 

Loans  from,  to  erect  schoolhouses,  section  63   46 


208 

No  loan  from,  shall  be  made  to  aid  in  erection  of  house  costing 

less  than  $250.00,  section  63,  sub-section  3 47 

No  loan  from,  shall  exceed  50  per  centum  of  cost  of  building,  sec- 
tion 63,  sub-sections  3  and   8    47 

No  loan  from,  shall  exceed  $10,000  for  any  one  building,  section 

58,  sub-sections  3   and  8 47 

Of  what  composed,  section  10   10 

Section    121    94 

Penalties    and    forfeitures    from    school    officers,    teachers,    etc., 

belong   to,    section    69 63 

Principal  of,   to  remain  unimpaired,  section   121 94 

Recovery  of  money  due,  section  6    17 

Revenue  of  Glebe  land,  etc.,  to  be  applied  in  sam^  way  as,  sec- 
tion  119    94 

Securities  belonging  to,  deposited  with  Second  Auditor,  section  7, 

sub-section    11    21 

Second   Auditor  accountant  of,   section   7,   sub-section   12 21 

LOANS 

From   county  school  board  to  district  school  board  for   building 

houses,  section  62   46 

To  Virginia  students  at  institutions  of  higher  learning,  section  142       117 

MAGISTERIAL   DISTRICTS 

Continued,  section  3    ...,....• 7 

MANUAL  AND  INDUSTRIAL  TRAINING 

District  boards  may  establish  schools  of,  section  47,  sub-section  15  39 
District  boards  may  make  appropriation  to  non-sectarian  schools 

of,  section  47,  sub-section  15    39 

In  high  schools,  section  89   75 

May   be   taught   in   common    schools,    regulation    81    162 

Special  certificate  to  teachers  of,  regulation  26 150 

MEDICAL  INSPECTORS  OF  SCHOOLS 

How  appointed  and  duties,  regulation  117 173 

MEETINGS 

Examiners    to    encourage    trustees   to    hold    meetings    of    patrons, 

regulation    8,    sub-section    2    145 

Of  Board  of  Education,   section  4 16 

Of  county  school  board,  section  33    30 

Section   35 30 

Of  people  to  be  called,  section  47,  sub-section  7  37 

Section    183,    sub-section    9 138 

Of  school   trustees   electoral  board,   section   24    28 

Of  teachers  or  people,  to  be  promoted  by  examiners,  regulation 

7,    sub-section    2    144 

l/  Of  teachers    to  be  encouraged,  section  81,  sub-section  1 70 

Regulation  58   .  157 


209 

Regular   and   special,   of  city   school   board,   section   183,   sub-sec- 
tion 8   133 

Regular  and  special,  of  district  school  board,  section  47,  sub-sec- 
tion 6    ^        37 

Regulation    64     158    ' 

Teachers  should  attend  educational,  regulation  97   166    «. 

MORAL  EDUCATION 

Provision  to  be  made  for,  section  83   71 

Text-books  for,  how  selected,  section  83  71 

MUSIC 

May  be  taught  in  common  schools,  regulation  81    162 

Special  certificates  to  teachers  "of,  regulation  26   150 

NARCOTICS  AND  ALCOHOL, 

Effects  of,  to  be  taught,  section  83  71 

NATURE    STUDY 

May  be  taught  in  common  schools,  regulation  81    162 

NEGRO 

See  Colored  Person. 

NEGRO  REFORMATORY 

Appropriation  for,  by  State,  section  167   129 

School  of,  under  control  State  Board  of  Education,  section  167 . .       129 

NON-RESIDENT   CHILDREN 

When  and  on  what  terms  admitted  to  school,  sections  91  and  92        77 

Regulation  89  and  90   164 

See  Pupils  also. 

NORMAL  SCHOOLS 

Certificates  to  graduates  of  normal  training  departments  of  high 

schools,    regulation    25    150 

City  school  boards  may  establish,  section  183,  sub-section  6   ....  x  137  " 

Normal  courses  in  high  schools,-  section  88  74 

Professional  certificates   to  certain  graduates   of,   regulation  21..  149 

Regulation    109     170 

Professional   i  •    rtificates   in   summer  schools  of,   r 

lation    109    170 

Summer  school  certificate,  first  grade  in  colored,  regulation  116..  172 

OATH  OP  OFFICE 

Administered  by  division  superintendent,  when,  section  30 

Regulation  56    156 

Failure  to  take,  vacates  office,  section  23   27 

Of  division  superintendents  of  schools.,  where  recorded,  etc.,  sec- 
tion 35.  25 


210 

Of    member     of    trustee    electoral     board     appointed    by     circuit 

judge,   section   20    26 

Of  members  State  Board  of  Education,  where  recorded,  etc.,  sec- 
tion   3    15 

Of  school  trustee,  where    recorded,  etc.,  section  30 29 

Section  183   ..  .  136 

Of  Superintendent  of  Public  Instruction,   section   9 22 

Prescribed   for  all   officers,   section   1    7 

Sections  71   and  72 64 

Where  recorded  generally,   section   73    64 

OFFICERS,   SCHOOL 
See  School  Officers. 

OFFICIAL  PAPERS 

Must  be  delivered  to  successor  in  office,  section   67    63 

PATRONS 

Election  of  teachers  by,  when,  procedure,   etc.,  regulation   69....  159 

Patrons'  day  held  annually  in  each  school,  regulation  59 157 

Teachers   should  visit,   regulation   97 166 

See  also  Meetings. 

PENALTIES  AND  FORFEITURES 

Against   clerk,   section   109    88 

Against  clerks  of  district  boards,  section   95 79 

Against  district  trustee,  section  47,  sub-section  2   37 

Section  127 98 

Regulation  67  159 

Against  division  superintendent,  regulation  40   153 

Regulation    42    154 

Regulations  51  and  52    155 

Against  division   superintendent,   section   127 98 

Against  officer  and  teacher,  section  65,  sub-section  20  60 

Section  66    61 

Section   67    •. 63 

Section   68    63 

Section  127    98 

Section  139    109 

Against  parents  or   guardians    under   compulsory   education    law, 

section  95 79 

Against  pupils,  penalties  may  be  inflicted  by  teacher,   if  reason- 
able,   regulation    96 165 

Against   State   institutions   if  annual    reports  not  made   to   Sfate 

Superintendent  of  Public  Instruction,   section   161    126 

Against  treasurers,  section  107 87 

Section    1 09    88 

Section    111     89 

Section    113     90 

.Section  117,  subsection  7    .  92 


211 

Disposition  of,  and  how  sued  for,  section  69 63 

If  inflicted,  party  not  subject  to  second  prosecution,  section  69..         63 
See  Fines. 

PENSIONS  FOR  RETIRED  TEACHERS 

Accounts  of  funds,  how  kept  and  secured,  section  79,  sub-section  8         69 

Appropriation  by  State  for,  section  79,  sub-section  5 68 

Section    141     114 

Contracts  with  teachers  to  provide  for  deduction  for,  section  79, 

sub-section    4    67 

Deduction   from   first   year's   pension,  for    permanent   endowment 

of  fund,  section  3 67 

Deductions  from  pensions  of  those  placed  on  list  prior  to  July  1, 

1910,  for  permanent  endowment,  section  79,  sub-section  12   ..         70 
For    physical    or    mental    infirmity    after    20    years,    section    79, 

sub-section    1     66 

Funds  for,  how  invested,  section  79,  sub-section  5  6S 

Funds  for,  how  received  and  managed  by  State  Treasurer,  section 

79,    sub-section    2    67 

Funds,  whence  derived,  section  79,  sub-section  2   67 

General  management  of  funds,  etc.,  section  79,  sub-section  7  69 

How  mental  or  physical  disability  shown,  section  79,  sub-section  2         67 
How  money  retained  for,  paid  into  State  treasury,  section  79,  sub- 
section  4    67 

Legacies,  etc.,  for,  how  received  and  managed,  section  79,  sub- 
section 4  68 

Length  of  service  after  July  1,  1908,  required  before  teacher  may 

be  pensioned,  section   79,   sub-section   10    69 

List  of  retired  teachers  to  be  published  annually,  section  79,  sub- 
section 11  70 

Must  be  paid  pro  rata  if  deficiency  in  funds,  section  79,  sub-sec- 
tion 8  69 

Record  of,  section  79,  sub-section  1   66 

Special   pensions  for  teachers  retired  between   July   1,  1902,   and 

July  1,  1908,  section  79,  sub-section  10V> 70 

State  Board  of  Education  authorized  to  make  rules  and  regula- 
tions for,  section  19,  sub-section  13  - 70 

State  treasury  depository  of  fund,  section  79,  sub-section  4 67 

Voluntary  after  30  years,  section  79,  sub-section  1 66 

What  pensions  to  be  paid,  and  when,  section  79,  sub-section  6   . .         68 

PRIMARY  AND  GRAMMAR  SCHOOLS 

Must  be  maintained  at  least  four  months,  or  local  funds  cannot 

be  used  for  higher  schools,  section   12    11 

Section    37,    sub-section    3     31 

Must  be  maintained  for  at  least  five  months  or  State  high  school 
fund  cannot  be  used  for  higher  schools,  section  87,  sub-sec- 
tion 1  72 

Professional  elementary  certificates  to  teachers  of,  regulation  109      170 


212 

Special  certificates  to  teachers  of  primary  methods,  regulation  26  150 

State   funds   for   benefit   of,    section    11    10 

Section  126,  sub-section  1   96 

See  also  School  Term. 

PROFESSIONAL  COURSE  OF  STUDY 
See  Course  of  Reading. 

PROPERTY,    SCHOOL, 
See  School  Property. 

PUBLISHERS  OF  TEXT-BOOKS 

Affidavit  of,  section  7,  sub-section  6    19 

Bonds  of,  section  7,  sub-section  6   i . . . .  19 

Contracts  with,  section  7,  sub-section  6   19 

PUPILS 

Admission  of,  from  other  districts  or  counties,  regulations  89  and 

90 164 

Admissions  of  persons  between  20  and  25,  section  94  78 

Regulation    91     164 

Average    attendance   of,   does   not   affect   pay   of   teachers,    when, 

section  75    65 

Children   whose  parents  or   guardians   do  not   reside   in   city   or 
district   may   enter   school   therein   on   such    terms    as    local 

board  may  prescribe;  right  of  appeal,  section  92,  sub-section  1  78 

Cleanliness  and  good,  behavior  required,  section  97  82 

Colored  and  Indian,  defined,  section  93 78 

Compulsory  education  of,   section   95    79 

Conduct   of,   in   going   to    and   returning   from   school    su^jer-t   to 

rules  of  district  or  city  school  board,  section  47,  sub-section  1  37 

Section  92 82 

Section  183,  sub-section  1   137 

District  or  city  board  may  suspend  or  expel,  section  47,  sub-sec- 
tion   3     3 

Section  183,  sub-section  4    137 

District  or   city   board   to   decide   who   are    indigent,    section    47, 

sub-section   4    ; 37 

Section  183,  sub-section  5    137 

Enrollment  and   attendance  of,  necessary  to   form   a  school,   sec- 
tion   88    163 

Eyesight  and  hearing  of,  how  tested,  section  99 83 

Free  text-books  for  indigent,  section  15   11 

Section  47,  sub-section  4    37 

In  cases  of  suspension  of,  facts  to  be  reported  in  writing  to  school 

board  and  parent  or  guardian,  section  80,  70 

Regulation    96 165 

Medical  inspectors  for,  regulation  117 173 

May  be  charged  tuition  in  high  school  branches,  section  84 72 

May  be  suspended  by  teacher  until  school  board  acts,  section  80  70 


213 

Regulation  96  165 

Must  be  instructed  in  agriculture,  manual  trianing  and  domestic 

arts  and  science  in  certain  high  schools,  section  89. 75 

Must  be  supplied   with   proper   text-books,   regulation   85 163 

Must  be  vaccinated,  when  and  how,  section  97    82 

Must  ordinarily  attend  nearest  school,   section   92,  sub-section   3  78 
Non-resident  children,  whose  parents  or  guardians  are  tax-payers 
in  the   district   or   city,    on   what  terms   admitted,    etc.,   sec- 
tion  92    78 

Persons  between  20  and  25,  tuition  of  and  permits  to,  regulation  91  161 
Persons  between  20  and  25  must  submit     to  regulations,  regula- 
tion 92 165 

Persons  between  20  and  25,  statistics  of  to  be  kept  separately,  reg- 

'ulation  93 165 

Provisions  for  testing  sight  and  hearing  of,  section  99  83 

Relief   of  teachers   from   loss   of  pay  on   account   of   attendance 

of,    when,    section    76    66 

Schools  free  to  those  between  7  and  20    residing  in  district,  sec- 
tion 91    77 

State  Board  of  Education  to  make  regulations  for  admission  of 

children  from   adjoining  districts,   section   91    77 

Regulations  89  and  90    164 

State  Board  of  Education  to  prescribe  requirements  for  admission 

to  high  schools,  section  89,  sub-section  2.. 73 

Regulation   82    162 

Suffering  with  contagious  diseases    excluded,  section  97   82 

Teachers  may  inflict  reasonable  penalties  upon,  regulation  96   . .  165 

Transportation  of,  provided  for,  section  86  72 

Tuition  of,  from  other  districts  to  be  agreed   on  in  advance  by 

boards,  regulation   89    164 

Tuition  of,   from   other  districts  to  be  fixed   by  State   Board   of 

Education,  regulation  90    164 

White  and  colored  not  to  be  taught  in  same  school,  section  91 ..  77 

RADPORD  STATE  N.  AND  I.   SCHOOL  FOR  WOMEN 
See  State  N.  and  I.  School  for  Women  at  Radford. 

REAL  ESTATE 

Appeal  by  supervisors  or  citizens  in  matter  of  approval  or  dis- 
approval of  title  to  land  for  school  or  public  uses,  section  54  41 

Contract  for  purchase  of,  shall  be  in  writing,  section  54   41 

Section  56   42 

District  board  to  make  deed  for,  when,  section  38  33 

District  or  city  board  may  condemn,  section  55   41 

Section  56   42 

Section    183,    sub-section    15 139 

No  contract  for  purchase  of  land  by  school  board  to  be  valid  until 

title  approved  by  court  or  judge,  section  54   41 

Section  56   .  42 


214 

Re-assessment  of,  every  5  years,  section  20   12 

Sale  or  exchange  of,  section  38  33 

Title  of,  for  school  purposes  to  be  approved  by   circuit  court  or 

judge,  section  54   41 

Section  56  42 

What  exempt  from  taxation,  section  22  13 

Section  137   106 

What  may  not  be  acquired  by  school  board  in  condemnation  pro- 
ceedings, section  56 42 

RECORDS,  ETC. 

Must  be  delivered  to  successor  in  office,  section  67    63 

REGISTER 

Delivered  to  clerk,  section  77 66 

Regulation    95 165 

Kept  by  every  teacher,  section  77   66 

Of  applicants  to  teach,  regulation  38  153 

Prepared  by  Superintendent  of  Public  Instruction,  section  77   ....  66 

Regulation  1,  sub-section  3    141 

REPORTS 

See  the  various  boards  and  officers.  „ 

SALARY. 

City  superintendent,  section  16   25 

Section  181   136 

Clerks  and  employees  of  Department  of  Public  Instruction,  section 

7,  sub-section  3    19 

Division  superintendent,  sections  16  and  17 25 

Examiner's,  regulation  4    143 

Of  teacher  not  affected  by  re-assignment  in  cities,  regulation  62..  158 

Superintendent  of  Public  Instruction,  section  9   22 

Section   141 114 

Teacher's,  regulation  68   159 

SCHOOL  AGE 

Section  91   77 

SCHOOL  BOARD 

See  City  School  Board. 
See  County  School  Board. 
See  District  School  Board. 

SCHOOL  DISTRICTS 

Claims  against,  how  audited  and  paid,  section  51    40 

How  constituted,  section  9 10 

Section    49 39 

Must  provide  outhouses,  etc.,  section  58,  sub-section  4 44 

Section    60    . 45 


215 

Name,  number  and  boundaries  to  be  reported  to  Superintendent 

of  Public  Instruction,  section  48    39 

Section   172    134 

Not  to  receive  any  part  of  county  or  State  funds  until  proper  pro- 
vision has  been  made  for  schoolhouses,  furniture,  etc.,  sec- 
tion 61  4« 

Number  and  boundaries  in  cities  and  where  recorded,  section  172  134 

Number  of  trustees  of,  section  9  10 

Section   28    29 

Section    40    34 

Section    177    135 

Organization  and  duties  of  trustees  of,  in  cities,  section  174 135 

Provisions  when,  lie  in  more  than  one  county,  section  44 36 

Schools  of,  open  to  children  or  wards  of  non-resident  taxpayers 

in  certain  instances,  section  92  78 

To  be  numbered  or  named   and  boundaries  recorded,  section  49  ..  39 

Unexpended  funds  in,  how  treated,  section  110 89 

Warrants  by,  for  what  given  and  how  issued,  section  51  40 

SCHOOL  DIVISIONS 

State  divided  into  appropriate,  by  State  Board  of  Education,  sec- 
tion 8  9 

SCHOOL  FUNDS 

Amount  of  local,  submitted  to  people,  when,  section  126,  sub-sec- 
tion 3  96 

Apportionment    of,    to    be    recorded    by    division    superintendent, 

regulation  47    131 

Apportionment  of,  when  district   lies  in  more  than   one  county, 

section   44    36 

Appropriations  by  General  Assembly,   section   141    114 

Approximate  apportionment  of  State,  on  November  1,  section  122  95 

Section  141    114 

Capitation  tax,  section  139,  sub-section  b   109 

County  and  district  funds,  how  determined,  levied  and  expended, 

section  12 11 

Section  126,  sub-sections  2  and  3   96 

County  and  district  tax  on  bank  stock,  section  128,  sub-section  2  100 

Section    133    103 

Section    134 103 

County  and  district  tax  on  oysters,  section  128,  sub-section  2  ....  99 

Section  135   104 

County  and  State,  shall  not  be  paid  to  district  until  it  has  made 

proper  provision  for  schoolhouses,  furniture,  etc.,  section   61  46 

County  and  town  treasurers  to  report  as  to,  on   December   1st, 

etc.,  section  107    87 

Regulation  44   154 

County  treasurer's  commissions  on,  sections  101  and  102  84 

Sections  105  and  106    .  86 


216 

Division  superintendents  must  see  that,  are  properly  applied,  reg- 
ulation 43  154 

Dog  tax,  section  126,  sub-section  3 96 

Section    132     101 

From   fines,  section  120 94 

Prom  glebe  land  and  church  property,  section  118 93 

Section  119   94 

Prom,  public  lands,  escheated  property,  etc.,  section  10   10 

Section  121   94 

Prom  regular  revenue  of  State  taxes,  etc.,  section  122   95 

Section   126,   sub-section   1    96 

Section  141 114 

Prom  unbranded  drift  logs  or  timber,  section  136   105 

How  district    used,  regulation  72 160 

How  residue  of  State  funds  distributed,  section  125 96 

How  State  and  county    used,  regulation  72 160 

In  cities  managed  and  controlled  by  city  school  board,  section  183, 

sub-section  12  138 

Literary  fund,  of  what  composed,  section  10   10 

Section   121    94 

Managed  ond  invested  by  State  Board  of  Education,  section  8  ....  9 
May  not  be  used  for  school  in  building  condemned  by  division 

superintendent,   section   57    42 

Section  183,  sub-section  10 138 

Must   be   received   and   disbursed   by   county   treasurers,    sections 

100  and  102  84 

Not   appropriated   to   schools   not   owned    or   controlled   by    State 

or  some  sub-division  thereof;  exceptions,  section  17 

Of  what  to  consist,  section  126   96 

Penalty  added  after  December  1st,  section  103 85 

Penalties  and  forfeitures  belong  to,  section  69 63 

School  taxes  to  be  separately  assessed  and  accounted  for,  section 

140    114 

State  and  county,  how  apportioned,  regulation  45 154 

State    ippropriation  for  high  schools,  section  87,  sub-section  4..  74 

Section  141 114 

State,  county  and  district  funds,  section  126 96 

State  funds,  whence  derived  and  how  apportioned,  section  11  ....  10 

Section  126,  sub-section  1  96 

Regulation   1,   sub-section    9    142 

State  school  funds  apportioned  separately  to  cities  and  deposited 

with  city  treasurer,  section  180  136 

State  tax  on  bank  stock,  section  139,  sub-section  e-f  109 

State  tax  on  express,  steamship,  etc.,  companies,  section.  139,  sub- 

tion   i    112 

State  tax  on  insurance,  guarantee,   etc.,   companies,   section   139, 

sub-section  g 110 

-State  tax   on   intangible   personal   property,   section   139,   sub-sec- 
tion d   .  109 


217 


State  tax  on  railway  and  canal  companies,  section  139,  sub-sec- 
tion   h    Ill 

State  tax  on  real  estate,  etc.,  section  139,  sub-section  a 109 

State  tax  on  sleeping  cars,  etc.,  section  139,  sub-section  j  113 

State  tax  on  tangible  personal  property,  section  139,  sub-section  c  109 
State   tax   on  telegraph,   telephone,   etc.,   companies,   section   139, 

sub-section  k 113 

Transfer  of,  when  treasurer  fails  to  pay  warrants,  section  117   . .  92 
Unexpended  State  funds  sometimes  returned  for  redivision,  other- 
wise with  local  funds,  section  110  89 

When  State  funds  available  for  high  schools,  section  87,  sub-sec- 
tion 1    72 

When  State  funds  not  available  for  a  school,  section  50   39 

SCHOOL,  FURNITURE 

No  agent  of,  or  firm   including,  school  officers,  to  have  interest 

in,  section  66,  sub-section   2    62 

No  school  officer  to  have  interest  in,  section  66   61 

Provided  by  district  or  city  school  board,  section  47,  sub-section  9  38 

Section  183,  sub-section  10 138. 

SCHOOL   HOLIDAYS 
See  Holidays. 

SCHOOL  HOURS 

Regulation  70 160 

SCHOOLHOUSES 

Bond  issue  to  erect,  section  64   49 

Built,  etc.,  out  of  district  funds,  regulations  72  and  73   160 

Burning,  how  punished,  section  149   121 

Cared  for  by  district  board,  regulation  78    161 

Closets,  section  60,  rule  12 46 

District  board  must  exercise  great  care  in  building,  etc.,  regula- 
tion 77 161 

District  or  city  board  may  lease,  purchase  or  build,  section  47, 

sub-section  9   38 

Section   183,   sub-section   10 138 

Duty  of  division  superintendent  to  condemn  unsuitable,  section 

57 42 

Section  183,  sub-section  10    , 138 

Examiners  to  advise  as  to  location  and  erection  of,  regulation  7, 

sub-section    4 145 

For  high  schools,  section  87,  sub-section  1    72 

Funds  for  investment  and  profits  of  same  to  be  used  for  erection 

of,  when,  section  37,  sub-section  4 , 31 

Heating,  lighting    and  ventilation  of,  section  58   43 

Height  of  rooms,  arrangement  of  doors,  halls,  etc.,  section  58,  sub- 
sections 1  and  2 ......  43 


218 

Section  60 45 

Injuries  to,  how  punished,  section  147  120 

Loans  from  literary  fund  to  erect,  section  63 46 

Loans   to   erect,   section   62    46 

Must  be  securely  locked  in  vacation,  regulation  78    161 

No  firm  including  school  officer  or  agent  of  school  officers  to  fur- 
nish supplies  for,  section  66,  sub-section  2    62 

No  school  officer  or  teacher  to  contract  or  have  interest  in  ma- 
terial furnished  for,  section  66    61 

No  school  to  be  allowed  in  unfit  house,  section  57 42 

Section  183,  sub-section  10   138 

Not  to  be  contracted  for  or  erected  until  site,  location,  plans,  etc., 

approved  in  writing  by  division  superintendent,  section  57  ..  42 

Section  183,  sub-section  10   138 

Regulation   77    161 

Over  three  stories  high  must  have  fire  escape,  section  145   120 

Provided  by  district  or  city  board,  section  47,  sub-section  9 38 

Section  183,  sub-section  10   138 

Sanitary  requirements  and  regulations  in  reference  to,  section  60  45 

School  Board  must  provide  outhouses,  etc.,  section  58,  sub-section  4  43 

Section  60,  rule  12  46 

Tank  or  cooler,  etc.,  required  for,  section  60    45 

Teachers  should  see  that,  are  clean  and  attractive,  regulation  97. .  166 

Towns  may  borrow  money  to  build,  section  162   126 

When  and  how  disinfected,  section  60  45 

When  and  how  swept,  section  60    45 

SCHOOL  LIBRARIES 

Appropriation   for,   section   141 114 

Books  for,  selected  from  list  approved  by  State  Board  of  Educa- 
tion, section  144   119 

Competent  person  to  select  books,  appointed  by  local  Board,  sec- 
tion 144 119 

School  board  required  to  furnish  bookcase,  section  144   119 

Duty  of  school  board   to   appropriate   money   for,   when,   section 

144 119 

Libraries  may  be  exchanged,  when,  section  144 119 

Manager  of,  appointed  by  school  board,  section  144 119 

No  commissions  on  moneys  for,  to  treasurer,  section  144  119 

No  school  board  obliged  to  appropriate  money  for  more  than  five 

in  one  year,  section  144  i!9 

State  money  for,  to  be  remitted  to  treasurer,  section  144  119 

Teachers  should  exert  themselves  to  establish,  regulation  97 166 

SCHOOL  MONEY 

See  School  Funds 

SCHOOL  MONTH 

Of  what  to  consist,  regulation  87   163 


219 

SCHOOL   OFFICERS 

Appeals   by,   regulation   55    156 

Certain  officers,  deputies,  etc.,  to  give  bond,  section  2   7 

County  school  board  may  proceed  against,  section  39   34 

Disability  of  certain  Federal  and  State  officers  to  serve  as,  section 

29    29 

Duty  to    set   prosecution   for   penalties   and   forfeitures   on   foot, 

section  69 63 

Firm  of  which,  member  or  agent,  not  to  have  interest  in  supplies 

to  schools,  section  66,  sub-section  2    62 

Forbidden  to  be  concerned  in  any  contract  with  school  boards,  sec- 
tion 66,  sub-section  2  62 

Forbidden  to  discount  warrants,  section  66,  sub-section  3   62 

Forbidden  to  have  interest  in  contracts  for  building  schoolhouses, 
material  used  for  same,  books,  supplies  for  schools,  etc.;  ex- 
ception, punishment,  section  66 61 

Guilty  of  misdemeanor  if  school  boards  do  not  make  and  publish 

annual   statements,   section   127    98 

In  cities  of  second  class,  section  173 134 

Must  deliver  official  papers  to  successor;  penalty  for  failure,  sec- 
tion 67  63 

Not  allowed  to  teach,  regulation  94   165 

Penalties  and  forfeitures  against,  how  sued  for,  section  69  63 

Penalty  for  malfeasance  or  neglect  of  duty,  section  68 63 

Power  of  circuit  and   corporation  courts   to  remove   from   office, 

section  70    63 

Power  of  school  trustee  electoral  board  to  vacate  offices,  sec- 
tion 23  27 

See  to  enforcement  of  laws  and  regulations,  regulation  76 161 

Superintendent  of  Public  Instruction  may  require  reports  from, 

regulation  1,  sub-section  4    141 

Take  oath,  section  1   t 

Sections  71   and   72    64 

SCHOOL  PROPERTY 

Cared  for,  managed  and  controlled  by  district  board,  section  47, 

sub-section    9    38 

County  school  board  to  make  provision  for  fulfilment  of  purposes 

of  donor  in  case  boundaries  of  district  are  changed,  section  53  40 

District  board  to  make  deed  for,  when,  section  38   83 

Exempt  from  taxation,  section  22    13 

Section    137     106 

Section  138    107 

How  donations  to  school  district  to  vest,  section  53  40 

In  cities,  vests  in  city  school  board;  exception,  section  174  135 

Manner  of  purchasing  real  estate,  sections  54  and  56  41 

Of  district,  to  vest  in  district  board,  section  52  40 

Protected,  improved,  etc.,  by  directors  of  sub-district,  section  65, 

sub-sections  17-7a  60 


220 

Sale  or  exchange  of,  section  38    33 

Vests  in  county  school  board,  when,  section  37,  sub-section  4   ....  31 

SCHOOLS,    PUBLIC    FREE 

Admission  of  persons  between  20  and  25,  section  94  79 

Regulation    91 164 

Agricultural,  normal,  manual  training  and  technical,  section  13..  11 

Section  89    75 

Section    183,   sub-section    6    137 

Any  parent  or  guardian  who  is  taxpayer  in  city,  town  or  school 
district,  may  send  his  children  or  wards  to  schools  in  said 
district,  when  and  on  what  terms,  etc.,  section  92,  sub-sec- 
tion 1  78 

Authorities  tor  administering   system,  section  2    15 

Section  170    133 

Consolidation  of,  provided  for,  section    86    72 

Regulation  79   162 

District  or  city  school   board  to   make  rules   for  government  of, 

section   47,   sub-section   1    37 

Section  183,  sub-section  1    136 

Disturbing  exercises  of,  how  punished,   section   148 121 

Efficient  system  to  be  established  and  maintained,  section  5 8 

Section    1 15 

Section   170    133 

Section    183     136 

Establishment   of   high   schools  not  to  interfere   with  elementary 

schools,    section    85 72 

Examiners  to  visit,  regulation   9,  sub-section  1    145 

Examiners  to  offer  advice  as  to  improving  grounds  and  buildings 

of,    regulation    9,    sub-section    2    145 

Free  to  all  from  seven  to  twenty  residing  in  district,  section  91..  77 

Graded  course  of  study  recommended  for,  regulation  81 162 

How  classified,   regulation   80 162 

How  number  of,  determined,  section  86   72 

In  cities,  section  170   135 

Section  183  136 

Income  of  literary  fund  devoted  to,  section  121 95 

Minimum   length   of   daily   session,    regulation    70    160 

Minimum  number  to  form,  section  96   82 

Regulation  88   163 

Mixed,  prohibited,  section  16    11 

Section    91     77 

Normal  training  classes  in  high  schools,  section  88 74 

Preference  to  be  given  to  graded  schools,  section  82 71 

Primary  and  grammar,  must  be  maintained  for  five  months  in 
order  to  get  State  funds  for  high  schools,  section  87,  sub- 
section 1  72 

Pupils  must  attend  nearest,  ordinarily,  section  92,  sub-section  3 . .  78- 

Same  general  regulations  for  white  and  colored,  section  91 77 


221 

School  boards  in  this  State  may  admit  children  of  non-resident 
taxpayers  residing  in  other  States  without  cost  in  certain  in- 
stances, section  92,  sub-section  2  78 

School  boards  to  visit,  section  49,  sub-section  10 38 

Section  183,  sub-section  11   138 

State  board  to  guard  against  multiplication  of,  section  7,  sub- 
section 7  20 

State  students  State  Female  Normal  school  must  teach  in,  sec- 
tion 151  122 

State  students  Virginia  Military  Institute  must '  teach  in,  sec- 
tion 154  * 122 

State  students  William  and  MaVy  College  must  teach  in,  sec- 
tion 150  '. 121 

Superintendent  of  Public  Instruction  may  appoint  persons  to  visit, 

etc.,  regulation  1,  sub-section  4   141 

Superintendent  of  Public  Instruction  to  make  tours  of  inspection 

among,  regulation  1,  sub-section  5   141 

System  to  be  observed  and  regulated  generally  by   State  Board 

of  Education,  section  7,  sub-section  17 22 

What  taught  in,  section  83   71 

Regulation    81    162 

Regulation  82 162 

SCHOOL  TERM 

Five  months  minimum,  section  50   39 

Section  87,  sub-section  1    72 

SCHOOL  TRUSTEE  ELECTORAL  BOARD 

A  permanent  board  of  appeal,  section  23 27 

Appeal  to  by  five  interested  heads  of  families,  section  27 29 

Appoint  school  trustees,  section  22    27 

Section  49    39 

.  Authority  over  sub-district,  section  65,  sub-section  2 53 

Chairman  of,  may  administer  oath,  section  23 27 

Clerk  and  chairman  of,  section  21 27 

Clerk  of,  duties,  section  25   28 

Composition  of,  section  20    26 

Expenses  of  clerk  of,  how  paid,  section  25 28 

How  member  appointed  by  circuit  judge  qualifies,  section  20 26 

May  declare  and  fill  vacancies,  section  23   27 

May  impose  fines,  section  23   27 

May  issue  summonses  and  rules,  section  23 . . . . .' 27 

May  require  production  of  books,  papers,  etc.,  section  23 27 

May  review  action  of  district  board  in  employing  or  dismissing 

teacher,  section  47,  sub-section  2   37 

Meetings  and  quorum,  section  24   28 

Pay  of  member  appointed  by  circuit  judge,  section  20   26 

Proceedings  of,   for  removal  of  trustees,  section   23    27 


222 

Vacate  office  of  trustee  who  fails  to  qualify,  section  23  27 

Vacate  office  of  trustee  who  fails  to  discharge  duties,   etc.,   sec- 
tion 23    27 

SCHOOL  YEAR 

What  constitutes,  section  47,  sub-section  14 38 

Regulation   41    153 

SECOND  AUDITOR 

Accountant  of  literary  fund,  section  7,  sub-section  12 21 

Division  superintendents  paid  by  warrants  on,  section  16 25 

Holds   securities   belonging  to   literary    fund,    section   7,    sub-sec- 
tion 11 , 21 

Section  63,  sub-section  4    47 

Holds  securities  belonging  to  retired  teachers'   fund,   section  79, 

sub-section   7    68 

Issues  warrants  for  claims  allowed  by  Board  of  Education,  sec- 
tion 7,  sub-section  12 21 

Issues  warrants  for  teachers'  pensions,  section  79,  sub-section  8..         68 

May  require  county  treasurer  to  pay  past  due  interest  or  prin- 
cipal on  loans  from  literary  fund,  section  63,  sub-section  5 . .         48 

May  return  list  of  securities  of  retired  teachers'  fund  with  annual 

report,  section  79,  sub-section  7 68 

Money  belonging  to  literary  fund  received  into  treasury  on  war- 
rant of,  section  7,  sub-section  1.2 21 

Money  belonging  to  retired  teachers'  fund  received  into  treasury 

on  warrant  of,  section  79,  sub-section  6 68 

Must  return  list  of  securities  with  annual  report,  section  7,  sub- 
section  11    21 

Section  79,  sub-section  7 68 

Payment  of  principal  and  interest  on  loans  for  schoolhouses  paid 

through,  section  63,  sub-section  4 47 

Requisition  by  county  treasurer  on,  for  State  money,  section  19 ..         26 

Shall  receive  copy  of  apportionment  of  State  school  fund,  regula- 
tion 1,  sub-section   9 142 

State  money  for  high  schools  turned  over  to,  section  87,  sub-sec- 
tion  4    74 

Teachers'  pension  paid  by  warrants  on,  section  79,  sub-section  8..         68 

SECRETARY  STATE  BOARD  OP  EDUCATION 

Certify  allowance  of  claims,  section  7,  sub-section  12 21 

How  nominated,  appointed  and  paid,  section  7,  sub-section  3 19 

Report    delinquent    division    superintendents    to    State    Board    of 

Education,  regulation  52    156 

Sign   warrants  of   State   Board   of   Eduation,    section   7,    sub-sec- 
tion 14    21 

SENATE 

Confirm    appointment    division    superintendents,    section    7,    sub- 
section  1  17 


223 

Division  superintendent  whose  nomination  has  been  rejected  by, 

may  not  be  appointed,  section  7,  sub-section  1 17 

Elect  members  State  Board  of  Education,  section  6 8 

Section  3   15 

SEPARATE  SCHOOL  DISTRICT 

Clerk   of,   his   pay,   section    175    135 

Council  of  town  may  levy  district  tax,  section  126,  sub-section  3 . .         96 

Efficient  system  of  schools  to  be  maintained  in,  section  170 133 

Treasurer  of  town  constituting,  required  to  report  state  of  school 
finances  on  December  1;  penalty  if  report  not  made,  sec- 
tion 107  87 

Trustees  of,  appointed  by  town  council,  unless  district  includes 

territory  outside  of  corporate  limits,  section  49   39 

Trustees  of,  members  of  county  school  board,  section  31 30 

Towns   of   more   than   five   hundred   inhabitants   may   constitute, 

section   49    39 

SPECIAL  ELECTIONS 

For  bond  issue,  how  canvassed,  certified  and  recorded,  section  64, 

sub-section   7 51 

For  J>ond  issue,  how  ordered,  conducted  and  paid  for,  section  64, 

sub-sections  5  and  6 50 

For  bond  issue,  who  eligible  to  vote,  section  64,  sub-section  8....  52 

For  free  school  purposes  generally,  sections  163  and  164 127 

Regulation  98   167 

For  increase  in  school  levies,  section  126,  sub-section  3 96 

Regulation  98   167 

STATE  ACCOUNTANT 

Inspects,  etc.,   accounts  of   Superintendent  of   Public   Instruction, 

appendix,   section  1    174 

STATE  BOARD  OF  EDUCATION 

Adopt  by-laws,  section  7,  sub-section  4 19 

Annual  report  of  examiners  to,  regulation  6,  sub-section  1 144 

Appoint  division  superintendents,  section  8 9 

Section  7,  sub-section  1   17 

Appoint  State  Library  Board,  section  8 -^r  I O 

Section  7,  sub-section  16   22 

Appropriation    by    State    for    demonstration    work   under    United 

Agricultural  Board,   section  168,  sub-section  4 131 

Appropriation  by  State  for  libraries,  section  141 114 

Approve  appointment  first  and  second  clerk  and  other  employees 

and  fix  their  salaries,  section  7,  sub-section  3 19 

Approve  list  of  books  for  school  libraries,  section  144 119 

Approve  or  amend  plan  of  organization  and  conduct  of  summer 

schools  and  audit  accounts  of  same,  section  7,  sub-section  8 . .  20 
Approve  or  amend   State  school  fund  apportionments,  section   7, 

sub-section    13    .  21 


224 

Approve  regulations  and  circulars  of  examiners,  regulation  36....       152 

Audit  and  allow  claims  paid  out  of  literary  fund,  section  7,  sub- 
section 11  21 

Authority  and  duties  in  sub-districts,   section  65,  sub-sections  17, 

9a  and  19    60 

Authority  and  duties  of,  in  pensioning  teachers,  section  79 69 

Authorized  to  loan  from  literary  fund  to  school  boards,  section  63, 

sub-sections  1  and  8 47 

Authorized  to  use  part  of  general  fund  for  summer  schools,  sec- 
tion 81,  sub-section  2  71 

Section    141    « 114 

Composition  of,  section   6    8 

Section  3    15 

Control  and  veto  power  over  board  of  visitors  of  Virginia  Normal 

and  Industrial   Institute,   section   158 125 

Control  Laurel  Reformatory  School,  section  166 128 

Control  Negro  Reformatory  School,  section  167 129 

Copies  of  decision  to  be  preserved,  regulation  1,  sub-section  7....       142 

Decide  appeals  from  Superintendent  of  Public  Instruction,  section 

7,  sub-section  9    20 

Regulation  1,  sub-section  6 141 

Decision  on  appeals  final,  regulation  1,  sub-section  6 141 

Delinquent  division  superintendents  to  be  reported  to,  regula- 
tion 52  156 

Designate  high  schools  in  which  normal  training  given,  section  88         74 

Determine  necessary  contingent  expenses  office  Superintendent  of 
Public  Instruction,  examine  accounts  thereof  and  issue  war- 
rants, section  7,  sub-section  14 21 

Determine  rate  of  tuition  for  non-resident  children,  when,  regula- 
tion 90 , . .  164 

Distributive  statement  of  State  school  funds  under  direction  of, 

section    122    95 

Divide  State  into  school  divisions,  section  8 9 

Section  7,  sub-section  1    17 

Division   superintendent    to    give   notice    to,    of    establishment    of 

high  school,  section  87,  sub-section  3   73 

Division  superintendents  to  see  that  laws,  etc.,  of,  are  enforced, 

regulation   50    155 

Duties  'under  United  Agricultural  Board,  section  168 129 

Enter    into    contract    with    publishers    of    text-books;    terms    and 

conditions;   bond  of  publishers,  section  7,  sub-section  6 19 

Examiners  directly  responsible  to  and  may  be  removed  by,  regula- 
tion 5  144 

Examiners  to  attend  meetings  of,  when  requested,   regulation   6, 

sub-section    3    144 

Expenses  of  certain  members  of,  how  paid,  section  7,  sub-sec- 
tion 20  22 

Guard  against  multiplication  of  schools,  section  7,  sub-section  7..         20 

Have  power  to  distribute   State  money  for  high   schools,  section 

87,  sub-section   4    74 


225 

Have  general   management   of   summer   schools,   section    81,   sub- 
section  4    71 

Have  management  and   investment  of  literary   and  school  funds, 

section   8    9 

Section  7,  sub-section  11    21 

Section  121 95 

Inspect  registered  colleges,  etc.,  regulation  108 169 

Issue  warrants  on  Second  Auditor  for  high  school  money,  section 

87,  sub-section  3    73 

Keep  certificates  of  West  Virginia's  share  of  debt,  section  8 22 

List  of  eligibles  for,  nominated  by  beards  of  visitors  and  elected 

by  senate,  section  6   8 

Section  3    15 

Make  regulations   for  admission   of  children   from   adjoining   dis- 
tricts,  section   91    78 

Regulations  89  and  90   164 

Make   regulations   for   admission   of   pupils   between   twenty   and 

twenty-five,    section    94     78 

Regulations   91   and   92    164 

May  aid  more  than  one  high  school  in  each  district,  section  87, 

sub-section    3    73 

May  appoint  agents  for  collection  of  claims  or  debts  due  literary 

fund,  section  6    17 

Regulation  99 167 

May  appropriate  from  $250  to  $400  for  each  high  school,  section 

87,  sub-sections  3  and  4   73 

May   grant  relief   if   sub-district   law   injurious,   section   65,   sub- 
section  21    61 

May   make  rules   and   regulations   to   carry   out   pension   law   for 

teachers,  section  79,  sub-section  13   70 

May  not  appoint  as  division  superintendent  one  whose  nomina- 
tion has  been  rejected  by  senate,  section  7,  sub-section  1 ....         17 

May   prescribe   duties   for   city   school   boards,    section    183,    sub- 
section  15    139 

May  relax  requirement  that  a  school  be  run  for  five  months  in 

order  to  participate  in  State  fund,  section  50 39 

May  remove  division  superintendents,  section  8 9 

Section  7,  sub-section  1    17 

Section  7,  sub-section  15    22 

Meetings  of,  section  4    16 

Members  of,  to  have  no   interest  in  books,   supplies   for  schools, 

etc.,  exception,  section  66    61 

Must  approve  list  of  books  for  traveling  school  libraries,  section 

144    119 

Must   approve    traveling    expenses    Superintendent    of    Public    In- 
struction,   section    141    114 

Must  be  satisfied  district  school  board  has  good  title  in  fee  before 

making  loan  from  literary  fund,  section  63,  sub-section  6....         48 

Must  give  Auditor  itemized  statement  of  appropriations  to  high 

schools,  section   87,  sub-section  4 74 


226 

Must   provide   for   equitable   distribution    of   money    loaned   from 

literary  fund,  section  63,  sub-section  7 48- 

Must  take  measures  to  secure  proper  expenditure  of  money  loaned 

from  literary  fund  for  school-houses,  section  63,  sub-section  6  48 

Oaths  of  members,  how  taken,  entered  and  returned,  section  3  . .  15 
Observe  and  regulate  public   school   system   generally,   section   7, 

sub-section    17    22 

Order  census  of  voters  taken  in  certain  instances,  section  7,  sub- 
section 10 20 

Powers  and  duties  of,  section  8 » 

Section  7    17 

Section    170 133 

Prescribe  duties  of  examiners,  regulation  6,  sub-section  2 144 

Prescribe  duties  of  division  superintendents,  section  8 9 

Section  7,  sub-section  1   17 

Prescribe  duties  of  Superintendent  of  Public  Instruction,  section  7  9 

Section  7,  sub-section  2    18 

Section  14   24 

Prescribe  normal  courses  in  high  schools,  section  88 74 

Prescribe  regulations  for  election  for  school  purposes,  section  168  127 

Regulation    98    ; .  167 

Prescribe  regulations  for  high  schools  and  requirements  of  admis- 
sion for  resident  and  non-resident  pupils,  section  87,  sub-sec- 
tion 2  73 

Regulations  89  and  90   164 

Prescribe  standard  for  high  schools,  section  87,  sub-section  3 73 

Prescribe  rules  and  regulations  for  demonstration  and  extension 
work  of  agricultural,  etc.,  high  schools,  section  89,  sub-sec- 
tion 5  76 

Prescribe  rules  and  regulations  for  libraries,  section  144 119 

Provide  for  examination  of  teachers  by  State  Board  of  Examiners 

and  inspection  of  schools  by  inspectors,  section  7,  sub-section  5  19 

Regulation    5    144 

Punish  division  superintendents,  section  7,  sub-section  15 22 

Quorum,   section  3    16 

Records  of  proceedings,  section   5 16 

Regulations    of,    concerning    books,    kept    in    each    school    room, 

regulation  86    163 

Regulations  of,  concerning  elections,  regulation  98 167 

Report  to  General  Assembly  biennially,  section  7,  sub-section   18  22 

Rules  and  regulations  of,  to  have  force  of  law,  section  8 9 

Section  7,  sub-section  4  19 

Secretary  of,  section  7,  sub-section  3   19 

Select  text-books  and  educational  appliances,  section  8 9 

Section  7,  sub-section  6    19 

Section    83    71 

Regulation    84    162 

Select  text-books  on  moral  education,  section  83 71 

Shall   cause    high   schools   to   be    inspected    before   appropriating 

State  money  to  same,  section  87,  sub-section  3 73 


227 

Shall  make  all  needful  rules  and  regulations,  section  8 $ 

Section  7,  sub-section  4  19 

Suggest   improvements   to   General   Assembly,    section   7,    sub-sec- 
tion  17 22 

Superintendent  of  Public  Instruction  ex-omcio   president  of,   sec- 
tion 7    9 

Section  3    15 

Superintendent    of    Public    Instruction    to    offer    suggestions     to, 

regulation  1,  sub-section  11 142 

Terms  of  members,  section  3 15 

Vacancies  in,  how  filled,  section  6 8 

Section  3    15 

STATE  BOARD  OF  EXAMINERS  AND  INSPECTORS 

Advise  and  council  trustees,  regulation  8,  sub-section  3 145 

Advise  division  superintendents  in  reference  to  location  and  erec- 
tion of  buildings,  regulation  7,  sub-section  4 145 

Aid    division    superintendent    in    lengthening    terms,    increasing 

teachers'  salaries,  etc.,  regulation  7,  sub-section  3 144 

Appeal  to,  when  certificate  revoked,  regulation  32 152 

Appointed,  paid  and  duties  prescribed  by  State  Board  of  Educa- 
tion, section  7,  sub-section  5  19 

Regulation    5    , 144 

Assist  division   superintendent   in  meetings   and   eliciting   public 

interest,  regulation  7,  sub-section  2 144 

Attend   meetings   of   State   Board   of   Education   when   requested, 

regulation  6,  sub-section  3    144 

Certificates  of,  how  graded  and  facts  stated  therein,  regulation  16 

(See    Certificates)     147 

Circuits  of,  established  and  counties  of  each,  regulation  2 143 

Co-operate  with   and   aid   division   superintendents,   regulation   7, 

sub-section    1    144 

Designate  point  to  which  examination  papers  forwarded,  regula- 
tion   14     146 

Directly  responsible  to  State  Board  of  Education,  regulation  5..       144 

Division  superintendent  must  report  to  Superintendent  of  Public 

Instruction  refusal  to  endorse  certificate  of,  regulation  31 152 

Duties  of,  regulation  6   144 

Employed    and   may   be   removed   by    State   Board   of   Education, 

regulation   5    144 

Encourage  trustees  to  hold  meetings  of  patrons,  regulation  8,  sub- 
section  2    145 

Examine,  value,  etc.,  examination  papers,  acting  together,  regula- 
tion 14    146 

Fix  time  for  examinations,  regulation  12 145 

Regulation   15 146 

Forward  papers  after  valuation  to  Department  of  Public  Instruc- 
tion, regulation  14   146 

Full    authority   in    holding    examinations   given    to,    etc.,    regula- 
tion  37    .  152 


228 

Hold  conferences  with  and  stimulate  trustees,  regulation  8,  sub- 
section 1  145 

Issue  certificates  directly  to  teachers,  section  74 65 

Regulation  14    (See  Certificates)    145 

Make  annual  report  to  State  Board  of  Educaiton  through  Superin- 
tendent of  Public  Instruction,  regulation  6,  sub-section  1 ....  144 

Make    special    reports    to    Superintendent    of    Public    Instruction, 

regulation  6,   sub-section   2 144 

May  pass  regulations  and  issue  circulars,  when,  regulation  36....       152 

Offer  advice  as  to  improving  and  beautifying  school  grounds  and 

buildings,  regulation  9,  sub-section  2 145 

Perform  duties  required  by  Superintendent  of  Public  Instruction 

or  State  Board  of  Education,  regulation  6,  sub-section  2 ....       144 

Prepare  examination  questions,  forward  under  seal,  etc.,  regula- 
tion 12  145 

Prescribe  courses  of  reading,  regulation  10 145 

Regulation    35     , 152 

Prescribe  preliminary  forms  for  examination,  regulation  13 145 

Prescribe  regulations  and  safeguards  for  examinations,  regula- 
tion 12  145 

Regulations  and  circulars  of,  must  be  approved  by   State  Board 

of  Education,  or,  etc.,  regulation  36 152 

Salaries    and   expenses,    regulation    4 143 

Terms  of  office  of  members  of,  regulation  3 143 

Transmit  to  Department  of  Public  Instruction    duplicate   list  of 

applicants  with  results  of  examination,  regulation  14 146 

Visit  and  inspect  the  high  schools,  regulation  9,  sub-section  3....       145 

Visit  schools,  note  work  of  same  and  advise  division  superin- 
tendents, regulation  9,  sub-section  1 145 

When  preliminary  forms  for  examinations  forwarded  to,  regula- 
tion 13  145 

STATE  BOARD  OF  HEALTH 

Authority  and  duties  of  in  pensioning  teachers,  section  79,  sub- 
section 2  67 

May  adopt  and  enforce  rules  and  regulations  for  sanitation  of 

schools,  penalty  for  violating  same,  section  59 44 

Regulations  of  in  regard  to  school  rooms,  their  size  and  condition, 
sweeping,  disinfecting,  drinking  water,  glasses,  cups,  dippers, 
closets  and  outhouses,  section  60  45 

STATE  BOARD  OF  INSPECTORS  FOR  BUILDINGS 

Referred  to,   section   58 43 

STATE  FEMALE  NORMAL  SCHOOL 

Collegiate  certificate  to  graduates  of,  regulation  21 149 

First  grade  certificate  to  graduate  in  certificate  course  of,  regula- 
tion 17,  sub-section  e  148 

Full  normal  professional  certificate  to  graduates  of,  regulation  115       172 


229 

Loans  to  Virginia  students  in,  section  142   117 

Member  of  faculty  eligible  to  position  on  State  Board  of  Educa- 
tion, section  6   9 

Section    3    • 15 

President  or  chairman  of,  to  make  annual  report  to  Superintend- 
ent   of  Public  Instruction,  section  160   125 

Professional  certificate  to  graduates  of,  regulation  21 149 

Professional  elementary  certificate  for  work  in,  regulation  109 170 

State  students  of,  must  teach  in  Virginia,  section  151 122 

State  students,  how  selected,  expenses,  etc.,  section  151 122 

Superintendent   of   Public   Instruction  member  of   Board  of,   sec- 
tion 13    24 

STATE  LIBRARY  BOARD 

Appointed  by  State  Board  of  Education,  section  8 9 

Section  7,  sub-section  16    22 

STATE    NORMAL   AND    INDUSTRIAL    SCHOOL    FOR    WOMEN    AT 

FREDERICKSB  URG 

First  grade  certificate  to  graduate  in  certificate  course  of,  regula- 
tion 17,  sub-section  e   148 

Full  normal  professional  certificate  to  graduates  of,  regulation  115       172 
President    or    chairman    of,    to   make    annual    report    to    Superin- 
tendent of  Public   Instruction,  section  160 125 

Professional  certificate  to  graduates  of,  regulation  21 149 

Professional  elementary  certificate  for  work  in,  regulation   109..       170 
State  students  of,  must  teach  in  Virginia,  appendix,  section  2 ....       174 
State  students  of,  how  selected,  expenses,  etc.,  appendix,  section  2       174 
Superintendent   of   Public   Instruction   member   of   Board   of,   sec- 
tion  13    24 

STATE    NORMAL   AND    INDUSTRIAL    SCHOOL    FOR    WOMEN    AT 

HARRISONBURG 

First  grade  certificate  to  graduate  in  certificate  course  of,  regula- 
tion 17,  sub-section  e  148 

Full  normal  professional  certificate  to  graduates  of,  regulation  115       172 
President   or    chairman    of,    to    make    annual    report    to    Superin- 
tendent of  Public   Instruction,  section  160 125 

Professional  certificate  to  graduates  of,  regulation  21 149 

Professional  elementary  certificate  for  work  in,  regulation   109..       170 
State  students  of,  must  teach  in  Virginia,  appendix,  section  2 ....       174  ' 
State  students  of,  how  selected,  expenses,  etc.,  appendix,  section  2      174  , 
Superintendent   of   Public   Instruction   member   of   Board   of,   sec- 
tion   13    24    v 

STATE  NORMAL  AND  INDUSTRIAL  SCHOOL  FOR  WOMEN  AT 
RADFORD 

First  grade  certificate  to  graduate  in  certificate  course  of,  regula- 
tion 17,  sub-section  e  148 

Full  normal  professional  certificate  to  graduates  of,  regulation  115       172 


230 

President  or  chairman  of,  to  make  annual  report  to  Superin- 
tendent of  Public  Instruction,  section  160 125 

Professional  certificate  to  graduates  of,  regulation  21 149 

State  students  of,  must  teach  in  Virginia,  appendix,  section  2 174 

State  students  of,  how  selected,  expenses,  etc.,  appendix,  section  3  175 
Superintendent   of   Public  Instruction   member   of   Board  of,   sec- 
tion  13 24 

STATE  REFORMATORY 
See  Laurel  Reformatory. 

See  Negro  Reformatory. 

» 

STATE  SCHOOL  FUNDS 

Apportioned  on  basis  of  school  population,  section  11 10 

Section  126,  sub-section  1    96 

Apportioned  separately  to  cities,  section  180 136 

How  paid  over  to  counties  and  cities,  section  19 26 

Section    122    95 

How  residue  of,  distributed,  section  125   96 

Not  to  be  paid  until  provision  made  to  keep  schools  open  five 

months,   etc.,   section   50    39 

Section  61 46 

Of  what  composed,  section  11   10 

Sections  119,  120  and  121 94 

Section  126,  sub-section  1   96 

Salaries  of  division  superintendents  paid  out  of,  section  16 25 

Unexpended,  may  be  returned  for  redivision,  section  110 89 

.Used  exclusively  for  pay   of  teachers  in   primary  and  grammar 

grades,  section  11   10 

Section  126    96 

Section  141 114 

Regulation   73    160 

Warrants  drawn  on,  to  be  paid  by  treasurer,  section  123 96 

See  also  School  Funds. 

STATE  STUDENTS 

Bonds  of  State  cadets  at  Virginia  Military  Institute  for  board 

and  tuition,  how  discharged,  section  154 123 

Due  notice  of  vacancy  at  Virginia  Normal  and  Industrial  Insti- 
tute to  be  given,  section  157 124 

Due  notice  of  vacancy  in  cadetship  at  Virginia  Military  Institute 

to  be  given,  section  153 122 

Loan  fund  for,  section  130a   

Of  Hampton  Normal  and  Agricultural  Institute,  how  selected, 

etc.,  section  159  125 

Of  State  Female  Normal  School,  how  appointed,  etc.,  section  151..       122 

Of  State  Female  Normal  School,  must  teach  in  Virginia,  section 

151 122 

Of  State  Normal  and  Industrial  Schools  for  Women  at  Fredericks- 
burg  and  Harrisonburg,  appendix,  section  2 174 


231 

Of  State  Normal  and   Industrial  School   for  Women  at  Radford, 

appendix,  section  3  175 

Of  State  Normal  Schools  at  Predericksburg,  Harrisonburg  and 

Radford  must  teach  in  Virginia,  appendix,  sections  2  and  3 . .  174 

Of  University  of  Virginia,  how  admitted,  etc.,  section  152 122 

Of  Virginia  Military  Institute,  how  admitted,  etc.,  section  153 122 

Of  Virginia  Military  Institute,  must  teach  in  Virginia,  section  154  123 
Of  Virginia  Normal  and  Industrial  Institute,  how  appointed,  etc., 

section  157  124 

Of  Virginia  Normal  and  Industrial  Institute,  must  teach,  etc., 

section  157  124 

Of  Virginia  Polytechnic  Institute,  how  selected,  etc.,  section  155 . .  123 

Of  William  and  Mary  College,  how  appointed,  etc.,  section  150..  121 

Of  William  and  Mary  College,  must  teach  in  Virginia,  section  150  121 

STUDIES 

Determined  by  city  school  board,  section  183,  sub-section  2 137 

What  taught  in  schools,  section  47,  sub-section  15 39 

Section  83   71 

Sections  84  and  85  72 

Sections  88  and  89    74 

Section  1 83,  sub-section  6    137 

Regulations  81  and  82 162 

SUB-DISTRICTS 

Act  of  district  board  or  boards  in  establishing  or  altering  sub- 
district  must  be  approved  by  Superintendent  of  Public  In- 
struction, section  65,  sub-section  1 52 

Section   65,   sub-section   2    53 

A  misdemeanor  for  certain  officers  to  refuse  to  comply  with  sub- 
division law,  section  65,  sub-section  20 60 

Annual  meetings,  section  65,  sub-section  14   56 

Section   65,   sub-section   17-2a 59 

Area  set  off  for  each  schoolhouse  a  sub-district,  section  65,  sub- 
section 1  52 

Auditing   and   payment  of   claims   against,   by   directors,   section 

65,   sub-section   17-4a 59 

Boundaries  for  each  schoolhouse,  section  65.  sub-section  1 52 

By-laws  and  methods  of  voting,  section  65,  sub-section  7   55 

Division  superintendent  may  take  part  in  meetings,  but  not  vote, 

section  65,  sub-section  16    56 

Directors  contract  with  teachers  in  reference  to  supplementary 
salary  and  provide  for  other  expenditures  of  sub-district 
funds,  section  65,  sub-section  17 -3a 59 

Directors  make,  observe  and  explain  rules  of,  section  65,  sub- 
section 17-la  59 

Directors  of,  a  corporation,  section  65,  sub-section  9 55 

Directors  of,  must  be  able  to  read  and  write,  section  65,  sub- 
section 12  .  56 


232 

Directors   to   determine   length   of  school    session    in,   section    65, 

sub-section  17-6a    60 

Directors  to  look  after  school  property  in,  section  65,  sub-section 

17-7a     60 

Directors  to  report  to  division  superintendents  of  schools,  section 

65,  sub-section  17-8a 60 

Directors  to  visit  schools  of,  section  65,  sub-section  17-5a 60 

Election  of  officers  and  filling  vacancies,  section  65,  sub-section  10         55 

For  white  and  colored  considered  separate  although  overlapping, 

section  65,  sub-section  1   52 

How  numbered  for  colored  children,  section  65,  sub-section  1 52 

How  numbered  for  white  children,  section  65,  sub-section  1 52 

If  operation  of  law  injurious,  county  school  board  may  apply  to 

State  Board  of  Education  for  relief,  section  65,  sub-section  21         61 

Law  does  not  interfere  with  duties  and  authority  of  division 
superintendent,  and  when  not  applicable  to  cities  or  separate 
districts,  section  65,  sub-section  18 60 

Law  must  be  adopted  by  county  school  board,  section  65,  sub- 
section 21  61 

Location  of  primary  schoolhouse  in  sub-district  composed  of  parts 
of  more  than  one  district  or  county  must  be  approved  by 
Superintendent  of  Public  Instruction,  section  65,  sub-section  2  53 

May  be  adopted  by  any  county,  section  65,  sub-section  1 52 

Section  65,  sub-section  21    61 

May  be  changed,  section  65,   sub-section   1    52 

May  include  parts  of  two  or  more  districts  or  counties,   section 

65,   sub-section   2 53 

Meeting  of  citizens  of,  for  organization,  election  of  directors,  etc., 

section  65,  sub-section  4   54 

Must  be  recorded  by  clerk  of  county,  section  65,  sub-section  1 52 

No  children  outside  of,  admitted  except  upon  permits,  section  65, 

sub-section    3    53 

Officers  of,  section  65,  sub-section  6   54 

Section  65,  sub-section   8 55 

Officers  of,  guilty  of  misdemeanor  if  they  fail  to  comply  with  sub- 
district  law,  section  65,  sub-section  20 60 

Only  colored  persons  to  vote  in  meeting  of  colored  sub-district, 

section  65,  sub-section  1  52 

Only  white  persons  £0  vote  in  meeting  of  white  sub-district,  sec- 


tion 65,  sub-section  1  52 

Powers  and  duties  of  directors  of,  section  65,  sub-section  17 57 

Quorum,  section  65,  sub-section  6  54 

Section  65,  sub-section  14  56 

Salaries  of  officers  of,  section  65,  sub-section  8  55 

Secretary  of,  must  report  to  district  school  board,  section  65, 

sub-section  11  56 

Special  meetings,  how  called,  section  65,  sub-sections  13  and  15..  56 

Section  65,  sub-section  17-2a 5!) 

Sub-district  tax,  how  levied,  assessed  and  collected,  section  65, 

sub-section    17    57 


233 

Sub-district  treasurer  given  same  powers  and  subject  to  similar 
penalties  and  methods  of  redress  as  county  treasurer,  section 
65,  sub-section  17  57 

Under  supervision  of  district  and  county  school  boards  and  school 

trustee  electoral  board,  section  65,  sub-section  2 53 

Warrants  on  funds  of,  section  65,  sub-section  17-4a 59' 

Who  may  vote  and  be  school  officers  in,  section  65,  sub-section  5 . .         54 

SUMMER  NORMAL  SCHOOLS 

Accounts  of,  how  audited  and  paid,  section  7,  sub-section  8 20 

Annual  appropriation  for,  section  81,  sub-section  2 7(k 

Section  141    114* 

Applicants  for  certificates  in,  limited  in  class  periods,  regulation 

113 172  : 

At  what  time  and  for  how  long  held,  section  81,  sub-section  5 . .  71 

Certificates  secured  by  attendance  on  courses  in,  regulation  109  17Q> 

Regulations  111  and  112   171 

Effect  of  attendance  on,  in  dividing  examination,  regulation  27 . .  151 

How  applicants  for  examination  at,  numbered,  regulation  13 145 

How  money  appropriated  for,  paid  out,  section  81,  sub-section  5 . .  71 

Instruction  in  certain,  restricted  to  subject  matter,  regulation  114  172 
Intended  for  showing  advanced  methods  of  teaching  and  to  give 

additional  academic  training,  section  81,  sub-section  3 71, 

Not  less  than  eight  to  be  held,  section  81,  sub-section  2 70 

Plan  of,  how  fixed  and  approved  or  amended,  section  7,  sub-sec- 
tion 8  20 

Professional  elementary  certificate  by  courses  in,  regulation  109..  170 
Professional  first  grade  certificate  to  colored  teachers  by  courses 

in,   regulation   115    172: 

Professors  of  Virginia  Normal  and  Industrial  Institute  must  con- 
duct a,  section  157,  sub-section  3 125 

Special  certificate  by  courses  in,  regulation  111 171 

Summer  school  professional  certificate  by  courses  in,  regula- 
tion 112  171 

Supervised  and  controlled  by  Superintendent  of  Public  Instruc- 
tion under  general  management  of  State  Board  of  Education, 

section  81,  sub-section  4 71 

Teachers  should  attend,  regulation  97 16& 

SUPERINTENDENT   OF  PUBLIC    INSTRUCTION 

Accounts  of  inspected,  etc.,  by  State  accountant,  appendix,  sec- 
tion 1  17* 

Annual  report  of,  regulation  1,  sub-section  11 142: 

Annual  report  of  State  Board  of  Examiners  to,  regulation  6,  sub- 
section 1  141 

Annual  report  to,  from  division  superintendents,  regulation  41  . .       155 
Annual  reports  to,  from  presidents  and  chairmen  of  State  institu- 
tions, section  160    125- 

Annual  statement  of  students'  loan  fund  to,  section  142,  sub- 
section 4 11& 


234 

Appeal  from  division  superintendents  to,  etc.,  regulation  55    ....  156 

Appeals   from,  to  whom  and   how   decided,   regulation   1,   sub-sec- 
tion  6    141 

Section   7,   sub-section    9    20 

Approve  regulations  and  circulars  of  examiners,  regulation  36    . .  152 

Authorized  to  employ  attorneys  and  agents  to  collect  fines,  regula- 
tion 99    .  • 167 

Chief  executive  of  public  school  system,  regulation  1   141 

Decisions    final    unless    reversed    by    State    Board    of    Education, 

regulation  1,  sub-section  2 141 

Determine  true  intent  and  meaning  of  school  laws  and  regulations 

and  explain  same  to  school  officials,  regulation  1,  sub-section  2  141 

Distribute  residue  of  State  funds,  if  more  than  approximate  state- 
ment of  Auditor,  section  125    96 

Distributive  statement  of  State  school  funds  by,  section  122 95 

.Division   superintendent   to   see   that   decisions   of,   are    enforced, 

regulation    50    155 

Duties   of,   regulation   1    141 

Duties  of,  prescribed  by  State  Board   of  Education,   section  7    . .  9 

Section  7,  sub-section  2   18 

Section  14 24 

Examination  papers  forwarded  to  office  of,  regulation  14   146 

%.     Ex-officio  president  State  Board  of  Education,  section  7    9 

Section    3 15 

Section    14    24 

:Fix  time  of  opening  summer  schools,  section  81,  sub-section  5    . .  71 
'  ~:Furnish  blanks  for  treasurer's  reports  of  December  1st,  on  school 

finances,  section  107 87 

"Furnish  forms  for  school  census,  section  41    35 

Guilty  of  misdemeanor   if  he   does  not  comply  with   sub-district 

law,  section  65,  sub-section   20    60 

How  elected,  term  of  office,  how  vacancy  filled,  section  7    9 

Section  9    22 

Make  tours  of  inspection  among  schools   of   State,    regulation   1, 

sub-section    5    141 

"May  appoint  persons  to  visit  and   examine  public   schools,   regu- 
lation 1,  sub-section  4 141 

-May  appoint  trustee  as  temporary  division  superintendent,  regula- 
tion 61  158 

May  compromise  or  adjust  fines,   regulation   99    167 

May  fix  minimum  average  daily  attendance  at  ten,  when,  regula- 
tion 87    163 

May  give  directions  to,  and  require  special  reports  from,  division 

superintendents,    regulation    41     153 

May  require  county  treasurer  to   pay   past  due   interest  or  prin- 
cipal on  loans  from  literary  fund,  section  63,  sub-section  5 .  .  48 

Member  of  boards  of  visitors,  section  13 24 

Member  State  Board  of  Education,  section  6   8 

Section  3    15 


235 

Member  United   Agricultural   Board,   section   168 129 

Must  approve  establishment  or  alteration  of  sub-districts,  sec- 
tion 65,  sub-section  1  52 

Must  approve  location  of  primary  schoolhouse  in  sub-district  com- 
posed of  more  than  one  district  or  county,  section  65,  sub- 
section 2 53 

Must  approve  plans  and  specifications  and  loan  in  case  of  houses 
built  in  part  by  loans  from  literary  fund,  section  63,  sub-sec- 
tion 3  47 

Must  be  experienced  educator,  section  7    9 

Section  9   22 

Must  give  bond,  section  10    23 

Must  take  oath,  section  9 22 

Name,    number    and    boundaries    of    districts    to    be    reported    to, 

section  48  39 

Section  172    134 

Nominate  first  and  second  clerk  and  other  employees,  section  7, 

sub-section  3   19 

Offer  suggestions  to  Board  of  Education  and  General  Assembly, 

regulation  1,  sub-section  11    142 

Prepare  apportionment  of  State  school  funds,  section  7,  sub-sec- 
tion 13  21 

Regulation  1,   sub-section   9    142 

Prepare  blanks  for  annual  report  of  "examiners,  regulation  6,  sub- 
section 1  144 

Prepare  forms  for  annual   reports  of  district,  boards,  section  47 

sub-section   14    39 

Prepare  registers,  blank  forms,  etc.,  regulation  1,  sub-section  3  ..       141 

Prepare  registers  of  applicants  to  teach  for  losal  superintendents, 

regulation   38    153 

Prepare  school  registers,  section  77    66 

Regulation  1,  sub-section  3    141 

Prescribe  duties  of  examiners,  regulation  6,  sub-section  2    144 

Prescribe  form  of  contract  with  teachers,  section  78   66 

Provide  cards,  etc.,  for  testing  sight  and  hearing  of  pupils,  sec- 
tion 99  83 

Reports  to,  from  county  school  boards  on  disbursement  of  school 

funds,    section   124    96 

Require   of   division   superintendent   and    school    officials   reports, 

etc.,  regulation  1,  sub-section  4   141 

Regulation    41     153 

Results  of  examinations  forwarded  to  office  of,  regulation  14 146 

Salary,  section  9   22 

Section  141 114 

Shall   preserve  copies  of  his   own   decisions   and   those   of   State 

Board  of  Education,  regulation  1,  sub-section  7    142 

Shall  preserve   documents  and  books  of  his   office,   regulation   1, 

sub-section   8    14-2 

Shall  provide  official  seal,  regulation  1,  sub-section  10   142 


236 

Sign  warrants  of  State  Board  of  Education,  section  7,  sub-sec- 
tion 14  21 

Special  reports  by  examiners  to,  regulation  6,  sub-section  2 144 

Supervise  summer  schools,  choose  their  places  and  instructors 
and  regulate  their  course  of  instruction,  section  7,  sub-sec- 
tion 8  20 

Section  81,  sub-section  4   71 

Take  care  that  school  laws  and  regulations  are  execi'+ed,  regula- 
tion 1,  sub-section  1 141 

Traveling  expenses,  section  9   22 

Section  141    114 

Use  means  to  promote  cause  of  education  among  the  people,  regula- 
tion 1,  sub-section  1  141 

Where  oath  of  office  recorded,  section  73   64 

SUSPENSION 

Of  division  superintendent,  section  7,  sub-section  15   22 

Of  pupils,  section  47,  sub-section  3   .  37 

Section    80    70 

Section  97   82 

Section  183,  sub-section  4   137 

TAXATION 

Additional,  in  sub-district,  section  65,  ^lib-section  17. 57 

Amount  of   local,  to  be  submitted  to   people,   when,   section   126, 

sub-section  3  9§ 

Annual  tax  in  addition  to  levy  to  pay  interest  and  principal  of 

bonds,   section    129    100 

Capitation,  for  school  purposes,  section  139,  sub-section  b 109 

City  school  taxes,  how  levied  or  appropriated,  section  178 136 

Section    173     134 

County  and  distript  school  taxes,  how  levied  and  at  what  rate, 

section  126,  sub-section  3   96 

Section  128,   sub-section   2    100 

Dog  tax  may  be  devoted  to  schools,  section  126,  sub-section  3  ....  96 

Section  132,  sub-section  3  101 

General  Assembly  may  authorize  additional   local   capitation  tax 

for  schools,  section  21    12 

How    school    taxes    collected,    held    and    disbursed,    sections    100 

and  102   84 

Of  shares  of  bank  stock  for  schools,  section  128,  sub-section  2   . .  100 

Sections  183  and  134  103 

Of  oysters  for  schools,  section  128,  sub-section  2 100 

Section   135    104 

Part  of  State  capitation  tax  devoted  to  schools,  section  21   12 

School,  how  assessed,  section  130   100 

Section    131 101 

School,  etc.,  property  exempt;   exceptions,  section  22   13 

Section   137    .  106 


237 

Section  138   10? 

School,  separately  assessed  and  paid  in  money,  section  140 114 

State  school,  of  bank  stock,  section  139,  sub-sections  e  and  f 109 

State  school,  of  express,  steamship,  etc,  companies,  section   139, 

sub-section  i 112 

State  school,  of  insurance,  guarantee,  etc.,  companies,  section  139, 

sub-section  g  HO 

State  school,  of  intangible  personalty,  section  139,  sub-section  d  . .  109 
State  school,  of  railway  and  canal  companies,  section  139,  sub-sec- 

.    tion  h   Ill 

State  school,  of  real  estate,  section,  139,  sub-section  a  109 

State  school,   of  sleeping  cars,  etc.,   companies,  section  139,   sub- 
section  j 113 

State  school,  of  tangible  personalty,  section  139,  sub-section  c  . . . .  105) 
State  school,  of  telegraph,  telephone,  etc.,  companies,  section  139, 

sub-section  k  113 

Uniform  and  levied  under  general  laws,  section  19  12 

When  taxes  due;    penalty,  etc.,  section  103    85 

TEACHERS 

Adults  admitted  into  schools  must  present  permit  to,  regulation 

91    164 

Adult  pupils  must  submit  to  authority  of,  regulation  92 165 

Annual  summer  school  at  Virginia  Normal  and  Industrial  Insti- 
tute for  benefit  of  colored,  section  157,  sub-section  3    124 

Appeals  by,  regulation   55    156 

Brother,  sister,  wife,  son,  or  daughter  of  trustee  may  not  teach, 

section  47,  sub-section  2   37 

.Section  183,  sub-section  2    137 

Regulation   94    165 

Certificates  of,  to  be  approved  by  division  superintendent,  section 

74     65 

Certificates  of,  when  issued  by  division  superintendent,  section  74  65 
Certificates  of,   when  issued  by   State   Board   of  Examiners,   sec- 
tion 74   65 

Certificates  to    (See  Certificates),  regulations  17-28 147 

Certificates  to   (See  Certificates),  regulations  104-116 169 

Contracts  with,  how  executed,  regulation  65a  173 

Contracts  with,  shall  provide  for  deductions  for  pensions,  section 

79,  sub-section  4  67 

County  and  State  funds  used  exclusively  for  pay  of,  regulation  73  160 

Deduction  from  pay  of,  for  days  lost,  regulation  87   163 

District  school   board   to   aid,    in   maintaining   discipline,   regula- 
tion 78    161 

District  school  board   to   report   to   division  superintendent   con- 
tracts with,  regulation  68    159 

Division  of  examinations  by,  for  certificates,  regulation  27   151 

Division  superintendent  in  cities  may  teach,  section  182   136 

Effect  of  attendance  upon  a  State  summer  institute  in  enabling,  to 

divide  examinations,  regulation  27   151 


238 

Election  of,  by  district  board,  subject  to  -appeal,  etc.,  section  47, 

sub-section  2  31 

Regulation  65 158 

Election  of,  by  patrons,  procedure,  etc.,  regulation  69 159 

Examiners  to  aid  in  efforts  to  increase  pay  of,  regulation  7,  sub- 
section 3  144 

Examiners  to  hold  examinations,  issue  certificates  and  prescribe 

courses  of  reading  for,/  regulation  10   145 

Examiners  to  note  work  of,  regulation  9,  sub-section  1    145 

Examinations  for  teachers'  certificates,  regulation  13 145 

First    grade    certificates    of,    issued    by    division    superintendents, 

status    of,    regulation    17,    sub-section    d     14^ 

How  employed  and  dismissed,  section  47,  sub-section  2   

Section  183,  sub-section   3    137 

Regulation  65 158 

How  penalty  imposed  upon,  sued  for,  section  69   63 

In  case  of  suspension  must  report  facts  to  district  school  board 

and  parent  or  guardian,  section  80   70 

Regulation    94     165 

Keep  separate  records  of  permits  to,   and   tuition   of,   pupils   be- 
tween twenty  and  twenty-five,  regulation  93 165 

Make  monthly,  term,  and  special  reports,  regulation  97 166 

Malfeasance  or  neglect  of  duty  of,  penalty  for,  section  68  63 

M'ay   be   assigned   and   reassigned    by    division    superintendent   in 

cities,   regulation    62    158 

May  inflict  reasonable  penalties,  regulation  96   165 

May  suspend  pupils  until  case  decided  by  school  board,  section  80  70 

Regulation  96   165 

/  Meetings  of,  to  be  encouraged,  section  81,  sub-section  1 70 

Regulation  58   157 

Must  be  elected  and  terms  of  contract  with,  fixed   at  regular  or 

called  meeting  of  board,  regulation  65   158 

Regulation    1 20    173 

M'ust  hold  certificates,  section  47,  sub-section  2   37 

Section  74   65 

Section  183,  sub-section  3    137 

Regulation   66    158 

Must  not  engage  substitutes  or  close  school  without  consent  of    dis- 
trict school  board,  regulation  97   166 

Must  require  of  children  cleanliness  and  good  behavior    at  school 

and  on  the  way  thither  and  back  to  their  homes,  section  97  ..  82 

Regulation   96 165 

Must  keep   posted    price   list   of   text-books,   regulation   86    163 

Must  keep  register  and  deliver  same  to  clerk,  section  77   66 

Regulation  95   165 

Notified  by  division  superintendent  of  school  holidays,  regulation  74  161 
Not  to  have  interest  in  books,  supplies,  etc.,  to  schools  or  act  as 

agent  for  same,   section   66    61 

One  institute  for,  yearly  in  each  division,  regulation  58    .  157 


239 

Pay  of,  not  affected  by  average  attendance,  when,  section  75   ....  65 

Pensions  for  retired,  section  79   66 

Pensions  for  those  retired  between  1902  and  1908,  section  79,  sub- 
section   10%    70 

Principal  of  each  school  to  have  patrons'  day,  regulation  59   ....  157 

Purpose  of  summer  school  in  training  of,  section  81,  sub-section  3  71 
Relief  of,  from  loss  of  pay  on  account  of  low  attendance,   when, 

section  76  66 

Requirements    for   teachers    of    higher    branches,    regulation    24  150 
Same  law  for  those  in  city  and  town  as  in  county,  unless  other- 
wise provided,  section  170 133 

School  of,  may  be  closed  before  expiration  of  contract,  regulation 

71   161 

Should     exert    themselves     to     establish     libraries,     improvement 

leagues,    etc.,    regulation    97 166 

Should  hold  a  patrons'  day  yearly,  regulation  97   166 

Should  improve  themselves  by  study,  attending  teachers'  meetings, 

summer  schools,  etc.,  regulation  97  166 

Should  visit  patrons,  regulation  97 166 

Should  see  that  schoolhouses  are  kept  clean,  etc.,  regulation  97  166 
State    students    of    State    Female    Normal    school    must   teach    in 

Virginia,  section  151    122 

State  students  of  William  and  Mary  College  must  teach  in  Vir- 
ginia, section  150   121 

State  students  of  Virginia  Military   Institute  must  teach  in  Vir- 
ginia, section  154   123 

State  students  of  Virginia  Noimal  rnd  Industrial  Institute  must 

teach,    section    157    124 

Successful  experience  of,  considered  on  examination  and  in  issuing 

or  extending  certificates,  regulations  16,  17  and  18 147 

Regulation    26     150 

Regulations  104  and  105    169 

Regulation  112    171 

Sundry  duties  of,  regulation  97    166 

Superintendent  to  see  to  application  of  money  set  apart  for  pay 

of,  regulation  43    154 

Time  of  opening  and  closing  school  stated  in  contract  with,  regu- 
lation 70    !«') 

Unlawful  to  purchase  warrants  of,  at  less  than  face  value,  section 

66,    sub-section    3 62 

When  and  how  salary  of,  fixed,  regulation  68 159 

When  placed  on  retired  teachers'  list  and  pensioned,  section  79  ..  66 

Who  may  not  teach,  section  47,  sub-section  2  47 

Section   183,   sub-section   3    137 

Regulation    94     v. 165 

Written  contracts  must  be  made  with,  section  78   66 

Regulation  66  : 158 

See  Certificates. 


240 

TEACHERS   INSTITUTES 
See  County  Institutes. 

TEXT  BOOKS 

Division  superintendent  to  give  notice  of  price,  etc.,  regulation  45  155 

Regulation  86   163 

Division   superintendent  to   see   that   they   are   sold   at   contract 

prices,    etc.,    regulation    48    15S 

Indigent  children  to  be  provided  with,  by  State,  section  15   ....  11 

Section  147,  sub-section  4 37 

Section  183,  sub-section  5    137 

List  of,  kept  in  each  school  room,  regulation  86 163 

Maximum  price  under  varying  conditions,  section  7,  sub-section  6  19 
Not  to  be  changed  until  used  four  years,  section  7,  sub-section  6  19 
On  moral  education  selected  by   State  Board  of  Education,   sec- 
tion 83   71 

Pupils  must  be  supplied  with  proper,  regulation  85    163 

Sciiool    officers   and   teachers  not  to   be   interested    in   supplying, 

exception,  section  66   61 

Selected  by  State  Board  of  Education,  section  8    9 

Section   7,   sub-section   6    1* 

Section  83    71 

Regulation  84 ". 162 

TOWN 

Bonded  indebtedness  limited,  section  4  7 

Council  of,  if  separate  district,  may  levy  district  school  tax,  section 

126,  sub-section  3  96 

Council  of,  may  compel  school  children  to  be  vaccinated,  section  98  82 
May  borrow  money  to  build  or  improve  schoolhouses,  section  162  126 
School  law  for  counties  applies  to,  unless  otherwise  provided, 

section  170  133 

Separate  school  district,  when,  section  49 39 

Treasurer  of,  if  separate  school  districts,  required  to  report  school 

finances   to    division    superintendent;    penalty    if    report   not 

made,  section  107  87 

Trustees  in,  if  separate  district,  how  appointed,  section  49.... 

TRANSPORTATION  OP  PUPILS 

Provided  for,  section  86   72 

Regulation  79 "162 

TREASURER 

See  County  Treasurer  and  City  Treasurer. 

TRUSTEES 

Act  as  division   superintendent,  when,  regulation  61 158 

Division  superintendent  may  administer  oath  to,  section  30 29 

Duties  in  reference  to  annual  statement  of  county  school  board, 

section    127  98 


241 

Examiners  to  advise  and  counsel,  regulation  8,  sub-section  3  145 

Examiners  to  hold  conference  with,  and  stimulate,  regulation  8, 

sub-section    1    145 

Examiners  to  encourage,  to  hold  meetings  of  patrons,  regulation 

8,  sub-section  2   145 

Expenses  of,  how  pairl,  etc.,  section  37,  sub-section  1 31 

Firm  of  which  trustee  is  member,   or   agent  of  trustee,   not  to 
have   interest   in  supplies   for  schools,   exception,   section   66, 

sub-section   2    62 

For  cities,  how  appointed,  section  177   135 

For  educational  institutions,  how  appointed,  section  18  12 

For  school  district,  how  appointed,  section  22 27 

Section  49 39 

For  towns  constituting  separate  districts,  how  appointed,  section 

49 39 

Guilty  of  misdemeanor,  if  they  fail  to  comply  with  sub-district  law, 

section  65,  sub-section  20   60 

Guilty  of  misdemeanor,  if  school  boards  do  not  make  and  publish 

annual   statement,  section   127    98 

How  penalties  imposed  upon,  sued  for,  section  69  63 

In  cities  of  second  class,  section  173    154 

In  districts  of  city,  to  have  no  organization  or  duties  unless  as- 
signed by  city  school  board,  section  174  135 

Malfeasance  or  neglect  of  duty  by,  penalty  for,  section  68  63 

May  not  teach,  regulation  94   165 

Merchants  who  are,  may  sell  books  or  supplies,  section  66,  sub- 
section 1   61 

Must  be  able  to  read  and  write,  section  22  27 

Must  qualify  and  deliver  oath  to  clerk  of  electoral  board  within 

thirty  days  after  notice  of  appointment,  section  23  27 

Must  be  resident  of  district  and  take  oath,  section  30  29 

Section  183  136 

Regulation  63 1&8 

Not   to   have   any   interest   in   supplies   for   schools,   books,    etc., 

exception,  penalty,  section  66  *>1 

Penalty  on,  for  failure  to  have  written  contracts  with  teachers, 

regulation  67 159 

Personally  liable  if  money  paid  to  unlicensed  teacher  or  certain 

relatives  of  trustees,  section  47,  sub-section  2   37 

Same  law  for  city  or  town  as  county,  unless  otherwise  provided, 

section  170 1J*3 

State  students  to  Virginia  Polytechnic  Institute,  appointed  by,  sec- 
tion 155   123 

Term  of  office  of,  section  22 27 

Three  for  each  district,  section  9   •  • -( 

Section  28    : 

Section  40 

Sections  172  and  173 1^4 

When  office  deemed  vacant,  section  23  27 


242 

Section  30   29 

Section  183  13(> 

Who  eligible,  section  29   8 

Who  ineligible,  section  22 27 

Section    29    29 

Section  165   136 

UNITED  AGRICULTURAL  BOARD 

Appropriation  by  State   for  work  of,  section  168,  sub-section  4 131 

Boards  of  supervisors  authorized  to  appropriate  money  to  aid  work 

of,  section  168,  sub-section  7  132 

May  inquire  into  work  done  by  any  of  its  subordinate  agencies 

and  correct  inefficiency,  section  168,  sub-section  5  132 

Meetings,  how  called,  section  168,  sub-section  6    132 

Members  allowed  traveling  expenses  but  no  compensation, 

section  169,  sub-section  2  131 

Shall  assign  duties  to  various  schools  and  boards,  section  168,  sub- 
section 3  131 

Who,  compose,  section  168,  sub-section  1  130 

UNIVERSITY  OP  VIRGINIA 

Loans  to  Virginia  students  in,  section  142  117 

Member  of  faculty  eligible  to  position  on  State  Board  of  Edu- 
cation, section  6 8 

Section  3 15 

President  or  chairman  to  make  annual  report  to  Superintendent 

of  Public  Instruction,  section  160   125 

Professional   certificates  to   graduates   of,   regulation   21    149 

Professional  elementary  certificate  for  work  in,  regulation  109  . .  170 

State  students,  how  admitted,  etc.,  section   152    122 

Summer  school  professional  certificate  for  work  in,  regulation  112  171 
Superintendent  of    Public  Instruction  member  of  board  of  visit- 
ors of,  section  13   24 

VACCINATION 

Of  pupils  required,  section  97  82 

Of  children    may  be  compelled  by  board  of  supervisors  or  city  or 

town  council,  section  98   82 

Poor  children  shall  be  vaccinated  at  expense  of  county  or  city, 

section  97   82 

Requirements  as  to,  may  be  suspended  by  county  or  city  school 

board,  section  97 82 

VIRGINIA  MILITARY  INSTITUTE 

Bond  for  board  and  tuition,  how  discharged,  section  154   123 

Due  notice  of  vacancy  in  State  cadetship  to  be  given,  section  153  122 

Loans  to  Virginia  students   in,  section   142    117 

Member  of  faculty  eligible  to  position  on  State  Board  of  Educa- 
tion, section  6  8 


243 

Section  3 15 

President  or  chairman  to  make  annual  report  to  Superintendent 

of    Public    Instruction,    section    160    125 

State  cadets,  how  admitted,  etc.,  section   153    122 

State  cadets  must  teach  in  Virginia,  section  154   123 

Superintendent  of   Public  Instruction  member  of  board  of  visit- 
ors of,  section  13 24 

VIRGINIA  NORMAL  AND  INDUSTRIAL,  INSTITUTE 

Due  notice  of  vacancy  in  appointments  to  be  given,  section  157      124 
No  action  of  board  of  visitors  of,  valid  if  disapproved  by  State 

Board  of  Education,  section  158 125 

President  or  chairman  to  make  annual  report  to  Superintendent 

of  Public  Instruction,  section  160 125 

Professional  certificates  to  graduates  of,  regulation  21   149 

Professors  of,  must  conduct  summer  normal,  expenses,  etc.,  section 

157,   sub-sections   3   and   4    125 

State  students,  how  selected,  etc.,  section  157   124 

State  students  must  teach,  etc.,  section  157   124 

Summer  school  certificate,  first  grade,  for  work  in,  regulation  116      172 
Superintendent  of   Public  Instruction  member  of  board  of  visit- 
ors of,  section  13   24 

VIRGINIA    POLYTECHNIC  INSTITUTE 

How  long   State   students  may   attend,   section   156    124 

Loans  to  Virginia  students  in,  section  142  117 

Member  of  faculty  eligible  to  position   on  State  Board  of  Edu- 
cation, section  6 8 

Section  3 15 

President  or  chairman  to  make  annual  report  to  Superintendent 

of  Public   Instruction,   section   160    125 

President  of,  member  of  United  Agricultural  Board,  section  168..       129 
President  of,  to  aid  in  preparing  rules  and  regulations  for  agri- 
cultural,  etc.,    courses   in   high    schools,   section    89,    sub-sec- 
tion 5  76 

State  students,  how  selected,  etc.,  section  155   123 

Superintendent  of  PubHc  Instruction  member  of  board  of  visit- 
ors of,  section  13   24 

WARRANTS 

For  State  school  funds  to  be  paid  by  Treasurer  of  State  in  cash, 

section    122    95 

How  drawn  and  signed,  section  47,  sub-section  12   38 

Section  51 40 

Section  183,  sub-section  13   138 

If  State  school  warrant  lost,  treasurers  may  have  relief,  section  114         90 

Must  be  presented  within  two  years,  section  115  

Neither  treasurer  nor  deputy  may  deal  in,  section  111  89 

No  county,  district  or  school  officer  to  discount,  section  66,  sub- 
section  3    .  ** 


244 

Number  and  amount  of,  to  be  reported  by  treasurers  on  December 

1st,  etc.,  section  107    87 

Regulation    44     154 

On  State  school  tax  fund  to  be  paid  out  of  any  State  taxes  re- 
ceived by  Treasurer,  section  123 96 

Paid  by  Treasurer  must  be  properly  cancelled,  section  108 88 

Paid  by  Treasurer  to  be  delivered  to  division  superintendent,  sec- 
tion   108    88 

Penalty  and  remedy  if  Treasurer,  having  funds,  fails  to  pay,  sec- 
tion 117 92 

To  be  compared  and  audited  by  county  school  board  and  result  re- 
ported to  Superintendent  of  Public  Instruction,  section  124..         96 

When  warrants  paid  by  Treasurer  may  be  destroyed,  section  108        88 

WILLIAM  ANI>  MARY  COLLEGE 
See  College  of  William  and  Mary. 


RETURN 


CIRCULATION  DEPARTMENT 

Main  Library  •  198  Main  Stacks 


LOAN  PERIOD  1 
HOME  USE 

2 

3 

4 

5 

6 

ALL  BOOKS  MAY  BE  RECALLED  AFTER  7  DAYS. 

Renewls  and  Recharges  may  be  made  4  days  prior  to  the  due  date. 

Books  may  be  Renewed  by  calling  642-3405. 

DUE  AS  STAMPED  BELOW 


FORM  NO.  DD6 


UNIVERSITY  OF  CALIFORNIA,  BERKELEY 
BERKELEY,  CA  94720-6000 


225457 


y^ 


